Allahabad High Court
TANVIR KHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, subject to bond and surety conditions.
Summary
The applicant, Tanvir Khan, was detained since 1 January 2024 in connection with a cyber‑crime case (Crime No.31 of 2024) involving offences under Sections 419 and 420 of the Indian Penal Code and Sections 66C and 66D of the Information Technology Act. He applied for bail during the pendency of trial, arguing that he had been in custody for over two years and eight months without any financial loss and that the trial was progressing slowly. The State opposed the bail, but the court examined the length of incarceration, the lack of any monetary loss, and the applicant's undertaking to cooperate and not tamper with evidence. Without expressing any view on the merits of the charges, the court found that the applicant had made out a prima facie case for bail. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused in a case involving Sections 419, 420 IPC and Sections 66C, 66D IT Act given the prolonged pre‑trial detention.
- Whether the applicant's right to liberty outweighs the risk of evidence tampering or witness intimidation.
Legislation cited
- Indian Penal Code — s. 419, 420
- Information Technology Act — s. 66C, 66D
Subjects
- bail
- criminal procedure
- IPC
- IT Act
- cyber crime
- pre‑trial detention
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12159 of 2026
Tanvir Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Nadeem, Rajiv Sisodia
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.77 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Rejoinder affidavit filed today is taken on record.
2. Heard Sri Shashank Dwivedi, Advocate holding brief of Sri Rajiv Sisodia,
learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A.
for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.31 of 2024, under Sections 419,
420 I.P.C. and Section 66C and 66D I.T. Act, Police Station Cyber Crime,
District Agra, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is in jail
since 01.01.2024, as such, the period of incarceration is about two years and
eight months. The trial is moving at a snail's pace. Not a single penny has
been transferred to the account of the applicant. The case is triable by
Magistrate. The criminal history of one case assigned to the applicant stands
explained. He undertakes to cooperate with the trial and not misuse the
liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the period of incarceration and the fact that not a single penny
BAIL No. 12159 of 2026
2
has been transferred to the account of the applicant, and without expressing
any opinion on the merits of the case, prima-facie the Court is of the view
that the applicant has made out a case for bail. The bail application is
allowed.
7. Let the applicant- Tanvir
Khan, be released on bail in the
aforementioned case crime on furnishing a personal bond and two sureties to
the satisfaction of the court concerned, subject to verification of sureties,
with the conditions that he shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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