Allahabad High Court
AAKASH GANGWARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that bail should be granted to the applicant.
Summary
Aakash Gangwar was charged in Crime No. 337 of 2026 under Sections 61(2) and 318(4) of the BNS and Section 66D of the Information Technology Act. He applied for bail during the pendency of trial. The court examined the material on record, the submissions of counsel, and noted that a co‑accused, Sumit Srivastava, had already been released on bail in a similar case. Considering the applicant’s explained criminal history and the principle of parity with the co‑accused, the court found a prima facie case for bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the applicant under Sections 61(2), 318(4) of the BNS and Section 66D of the IT Act
- Whether the grant of bail to a similarly situated co‑accused (Sumit Srivastava) creates a parity requirement for the applicant
- Whether the applicant’s criminal history and risk of evidence tampering justify denial of bail
Legislation cited
- BNS — s. 318(4), 61(2)
- Information Technology Act — s. 66D
Subjects
- bail
- criminal procedure
- parity
- Section 61(2) BNS
- Section 318(4) BNS
- Section 66D IT Act
- sureties
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28632 of 2026
Aakash Gangwar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Daraksha Mariyam, Pavan Kumar
Kushwaha
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 82 out of 115)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today by learned
counsel for the applicant is taken on record.
2. Heard Sri Pavan Kumar Kushwaha, learned counsel for the applicant
and Sri Yogesh Mishra, learned State Law Officer and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 337 of 2026, under Sections
61(2), 318(4) of BNS and Section 66D of I.T. Act, Police Station - Cantt.,
District - Bareilly, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, the evidence on record, taking
into consideration that similarly placed co-accused person, Sumit
Srivastava, has already been enlarged on bail by this Court vide order
dated 05.08.2026 passed in Criminal Misc. Bail Application No. 27256 of
2026 coupled with the fact that criminal history assigned to the applicant
stands explained, this Court prima facie is of the view that the applicant
has made out a case for bail.
5. Accordingly, the bail application is allowed on the ground of
parity. Let the applicant- Aakash Gangwar, be released on bail 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
BAIL No. 28632 of 2026
2
shall not tamper with evidence or intimidate witnesses and shall appear
before the trial court as required.
6. Breach of any condition shall entail cancellation of bail. The
observations herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 17, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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