Allahabad High Court
NAUSHADversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with the co‑accused.
Summary
Naushad applied for bail in a cyber‑crime case (Crime No. 83 of 2024) alleging false implication and asserting that he was not the primary offender, which was identified as Mohammad Aasif alias Mohammad Sippa. He highlighted that no money had been transferred to his account and that a co‑accused, Tasin Ali, had already been released on bail, establishing a parity argument. The State opposed the bail but did not contest the factual claim of parity. The Court, noting the applicant’s lack of prior criminal history, the granting of bail to the main co‑accused, and the applicant’s assurance not to tamper with evidence or intimidate witnesses, allowed the bail application. Naushad was ordered to be released on personal bond and two sureties, subject to standard bail conditions.
Issues considered
- Whether bail should be granted to Naushad during the pendency of trial on the ground of parity with a co‑accused who has been released on bail
Legislation cited
- B.N.S., 2023 — s. 61(2)
- Indian Penal Code — s. 318(4), 336(3), 340(2), 3(5)
- Information Technology Act, 2008 — s. 66C, 66D
Subjects
- bail
- parity principle
- cyber crime
- false implication
- primary offender
- Information Technology Act
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29330 of 2026
Naushad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aushim Luthra, Harishchandra Yadav,
Utkarshni Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.114 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Aushim Luthra, learned counsel for the applicant, Sri V.K.S.
Parmar, learned A.G.A. for the State and perused the material placed on
record.
3. This is the second bail application on behalf of the applicant. The first bail
application was dismissed by a Co-ordinate Bench of this Court vide order
dated 02.06.2025 passed in Criminal Misc. Bail Application No.17347 of
2025, on the ground that the applicant was the primary offender.
4. Applicant seeks bail in Case Crime No.83 of 2024, under Sections 318(4),
3(5), 336(3), 340(2), 61(2) B.N.S., 2023 and Section 66C, 66D I.T. Act,
2008, Police Station Cyber Crime, District Meerut, during the pendency of
trial.
5. Learned counsel for the applicant has stated that the applicant has been
falsely implicated in the instant case. The primary offender is Mohammad
Aasif alias Mohammad Sippa. Not a single penny has been transferred to the
account of the applicant. It is true that there are several transactions between
the applicant and the co-accused, but the applicant has nothing to do with the
said transactions. The main accused, namely, Tasin Ali, has also been
granted bail by a Co-ordinate Bench of this Court vide order dated
05.08.2026 in Criminal Misc. Bail Application No.11114 of 2025. Hence,
BAIL No. 29330 of 2026
2
the applicant, having an identical role and no previous criminal history, is
entitled to bail on parity. He is in jail since 07.04.2025 and will not misuse
the liberty of bail.
6. The prayer for bail has been vehemently opposed by learned A.G.A.
However, the aforesaid factual aspect of the parity to the co-accused has not
been disputed by him.
7. After hearing learned counsel for the parties and taking into consideration
that the main accused person Tasin Ali has been enlarged on bail, the Court
is of the view that the applicant has made out a case for bail. The bail
application is allowed on the ground of parity.
8. Let the applicant- Naushad, 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 17, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
Checking your session…