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Allahabad High Court

ISHWARversusSTATE OF U.P.

Decided

Holding

The Court held that the applicant is entitled to be released on bail during the pendency of the trial.

Summary

The High Court of Allahabad considered a bail application filed by Ishwar, who was arrested in a cyber‑crime case (Crime No. 82 of 2025) under Sections 316(5) and 61(2). Ishwar claimed innocence and argued that co‑accused had already been released on bail, invoking parity. The State opposed the bail, but the Court, after reviewing the record and noting the heavy pendency of cases, decided that bail could be granted without commenting on the merits. The Court ordered Ishwar’s release on personal bond with two sureties, subject to conditions prohibiting evidence tampering, witness intimidation, and further offences. The order emphasized that bail is limited to the application’s facts and does not affect the trial’s substantive issues.

Issues considered

  • Whether the accused is entitled to bail during the pendency of trial under Sections 316(5) and 61(2) of the relevant statutes.
  • Whether parity with co‑accused already released on bail warrants granting bail to the applicant.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • pendency of trial
  • parity
  • evidence tampering
  • Uttar Pradesh
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 17314 of 2026

Ishwar
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)      : Anjali Sinha, Pulak Ganguly, Satya
                                Prakash Pandey, Shikhar Awasthi
Counsel for Opposite Party(s) : G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 82 of 2025, under Sections 316(5), 61(2) BNS,
Police Station- Cyber Crime, District- Bulandsahar, during pendency of
the trial in the court concerned.

Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. It is next submitted that applicant is having
no concern with the allegations levelled against him and he has not
committed any offence as alleged by prosecution. It is submitted that
applicant is not beneficiary in the alleged crime. Similarly placed co-
accused Poonam, Sachin Kumar, Kunwar Pal Singh and Ajay Paswan
have been released on bail by this Bench and co-ordinate Bench of this
Court vide orders dated 21.7.2026, 15.7.2026, 17.06.2026 and 17.06.2026
in Criminal Misc. Bail Application Nos. 24863 of 2026, 16226 of 2026,
19380 of 2026 and 14662 of 2026. He is languishing in jail since
30.03.2026. It is also submitted that the applicant undertakes that he will
not misuse the liberty, if granted on the ground of parity. 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.
                                                        BAIL No. 17314 of 2026
                                2


The prayer for bail has been vehemently opposed by learned A.G.A.

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.

Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

Let applicant, Ishwar be released on bail in the aforesaid case on his
executing a personal bond and furnishing two sureties each in the like
amount to the satisfaction of the court concerned subject to the following
conditions:-

(i). The applicant will not tamper with the evidence during the trial.

(ii). The applicant will not pressurize/ intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.

(v). 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.

It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.

It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
                                                                                      BAIL No. 17314 of 2026
                                                                3


                                    the said observations shall have no bearing on the merits of the case
                                    during trial.



                                                                                  (Jai Prakash Tiwari,J.)
                                    September 8, 2026
                                    Brijesh




Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad


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