Allahabad High Court
VIRENDRA KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with a co‑accused.
Summary
Virendra Kumar applied for bail in a criminal case (Crime No. 0014 of 2026) involving offences under Sections 318(4), 319(2), 336(3), 338, 339, 3(5) of the IPC and Section 66 of the Information Technology Act. The applicant had no prior criminal record, and a co‑accused, Ashish Patwa, had already been released on bail in a similar case. The court considered the principle of parity with the co‑accused and the absence of any adverse history. Without delving into the merits of the charges, the court found a prima facie case for bail. Accordingly, bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear as required. A breach of these conditions would lead to cancellation of bail.
Issues considered
- Whether bail can be granted during the pendency of trial for offences under the specified IPC sections and the IT Act.
- Whether the grant of bail to a co‑accused on similar charges creates a parity ground for granting bail to the applicant.
- Whether the applicant's clean criminal record suffices to justify bail.
Legislation cited
- Indian Penal Code — s. 318(4), 319(2), 336(3), 338, 339, 3(5)
- Information Technology Act — s. 66
Subjects
- bail
- parity
- cyber crime
- Information Technology Act
- Indian Penal Code
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28310 of 2026
Virendra Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Neelam Pandey, Rajnish Kumar
Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 68 out of 76)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Neelam Pandey, learned counsel for the applicant, Sri A.K.
Mishra, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.0014 of 2026, under Section
318(4), 319(2), 336(3), 338, 339, 3(5) BNS and 66 Information and
Technology Act, Police Station- Cyber Crime Police Thana, District -
Chandauli, during the pendency of trial.
4. After hearing learned counsel for the parties and taking into consideration
the fact that similarly placed co-accused person, Ashish Patwa has already
been enlarged on bail by this Court vide order dated 17.8.2026 passed in
Criminal Misc. Bail Application No.28803 of 2026, and that there is no
criminal history assigned to the applicant, 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. Accordingly, the bail application is allowed on
the ground of parity.
5. Let the applicant- Virendra Kumar, be released on bail in the
aforementioned case crime on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not
BAIL No. 28310 of 2026
2
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
6. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Krishan Pahal,J.)
September 11, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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