Additional Sessions Judge, Court No. 7, Ghaziabad denied bail to one co-accused later on co-accused granted bail in same crime, High Court Allahabad seek explanation from the concerned court regarding Judicail disparity

Fact of the Case

Taht the FIR 197 of 2026, under Sections 109(1), 352, 351(2), 115(2), 191(2), 3(5) BNS, Police Station Sahibabad, District Ghaizabad has filed

Co-Accused Mohammad Rafiq @ Rafiqul Islam filed bail application for release, the court of Additional Sessions Judge, Court No. 7, Ghaziabad denied the bail, and rejected the bail application.

Later on

Co-accused Anshu approaches to Additional Sessions Judge, Court No. 7, Ghaziabad, UP by filing bail application, the application of Co-accused Anshu has been allowed.

Co-aacused Mohammad Rafiq @ Rafiqul Islam

against the rejection of Bail application by Additional Session Judge Court No. 7 Ghaziabad approches to Hon'ble High Court Allahabad

by filing CRIMINAL MISC. BAIL APPLICATION No. 19253 of 2026 at Allahabad.

I. That the Bail Application of Mohammad Rafiq @ Rafiqul Islam is listed beofre Hon'ble Justice Vivek Kumar Singh

II. That the Bail application listed on June 17, 2026

III. That the Hon'ble High Court Allahabad has been pleased and allowed the bail application of the Mohammad Rafiq @ Rafiqul Islam

IV. That the Hon'ble High Court has seeks judicial disparity to Additional Sessions Judge, Court No. 7, Ghaziabad, UP

VI. Why the Additional Sessions Judge, Court No. 7, Ghaziabad, UP has not followed juddicila discipline

VII. in same crime one is granted bail and one is refused

Finding of the Hon'ble High Court Allahabad

A. finally the Hon'ble High Court Allahabad has allowed the bail application of Mohammad Rafiq @ Rafiqul Islam

B. Seeks Expalaination to the Additional Session Judge Court No. 7 Ghaziabad regarding judicial disparity

Conclusion

Judicial parity is required

Action on Explaination

That the Hon'ble Hon'ble Court has given seven days time to Additional Session Judge Court No. 7 Ghaziabad for explaination, matter posted on 13.07.2026 along with explaination for further order / action

Case Detail

Mohammad Rafiq @ Rafiqul Islam Vs. State of UP & Ors

Judgement & Order / Date of Decision 17/6/2026

https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=13462080