Allahabad High Court
VIVEK @ VIVEK KUMARversusSTATE OF U.P.
- Decided
Holding
The Court held that bail is appropriate and allowed the application with conditions.
Summary
The applicant, Vivek Kumar, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking release in a cyber‑crime case (Crime No. 12 of 2025) involving alleged offences under several sections of the Information Technology Act. He contended that he was falsely implicated, had been in custody since 7 January 2026, and that co‑accused had already been granted bail with no material recovered from his possession. The State opposed bail, noting that the applicant had not explained a prior minor offence in his criminal history. The Court, after reviewing the record and noting the lack of seized material and the grant of bail to co‑accused, found the case suitable for bail without expressing an opinion on the merits. Accordingly, the Court allowed the bail application subject to a personal bond of Rs. 50,000 and several conditions, including non‑interference with witnesses and attendance at trial dates.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the alleged IT offences and the pending trial.
- Whether the applicant's failure to explain a prior minor offence affects his eligibility for bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Information Technology Act, 2000 — s. 318(4), 336(3), 338, 340(2), 3(5), 61(2), 66C, 66D
Subjects
- bail
- criminal procedure
- cyber crime
- Information Technology Act
- Section 483
- presumption of innocence
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13035 of 2026
Vivek @ Vivek Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manvendra Singh, Saurabh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Ms. Divyanshi Joshi, holding brief of Sri Saurabh Yadav,
learned counsel for the applicant and Sri Chandra Shekhar Saran, learned
AGA for the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a
prayer to release him on bail in Case Crime No. 12 of 2025, under
Sections 318(4), 338, 336(3), 340(2), 3(5), 61(2) BNS and 66C and 66D
IT Act, registered at Police Station Cyber Crime, District Budaun during
pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case and
he has been languishing in jail since 7.1.2026. It is further submitted that
co-accused Isha Sahu, Akansha Patel, Anshu Patel and Minakshi have
already been granted bail by this Court and their bail orders have been
annexed with the memo of application. It is further submitted that nothing
has been recovered from the possession of the applicant and during
investigation the name fo the applicant has surfaced. It is also submitted
that the applicant undertakes that he will not misuse the liberty, if granted.
It has also been pointed out that in the wake of heavy pendency of cases
in the Court, there is no likelihood of any early conclusion of trial.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of
bail to the applicant and it is submitted that the applicant has not
BAIL No. 13035 of 2026
2
explained criminal history of one case relating to minor offence.
5. Co-accused Isha Sahu, Akansha Patel, Anshu Patel and Minakshi have
already been granted bail by this Court. Nothing is said to have been
recovered from the possession of the applicant and his name has surfaced
during investigation.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
ALLOWED.
7. Let the applicant- Vivek @ Vivek Kumar involved in the aforesaid
case crime be released on bail on his furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of
the Court concerned with the following conditions :-
(i) The applicant shall not directly or indirectly make any inducement,
threat, or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the court or to any police
officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
BAIL No. 13035 of 2026
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9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
April 20, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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