Allahabad High Court
MOHD IRFANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to Mohd Irfan on personal bond and two sureties, subject to standard conditions.
Summary
The High Court of Allahabad considered a bail application filed by Mohd Irfan, who is charged under Sections 318(4), 338, 336(3), 317(2), 340(2) of the Indian Penal Code and Section 66D of the Information Technology Act in Crime No. 276 of 2026. The applicant sought bail during the pendency of trial, contending that a co‑accused, Ilma Chaudhary, had already been released on bail in a similar case. The State opposed the bail, but the court noted the principle of parity and, without delving into the merits, found that the applicant had made out a case for bail. Consequently, the court ordered his release on personal bond and two sureties, subject to conditions of non‑tampering with evidence and appearance before the trial court. The order also stipulated that breach of conditions would lead to cancellation of bail and that the observations would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the applicant despite the serious charges under the IPC and IT Act
- Whether the principle of parity with a co‑accused already on bail warrants granting bail to the applicant
Legislation cited
- Indian Penal Code — s. 317(2), 318(4), 336(3), 338, 340(2)
- Information Technology Act, 2000 — s. 66D
Subjects
- bail
- parity
- criminal procedure
- Indian Penal Code
- Information Technology Act
- co-accused
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30726 of 2026
Mohd Irfan
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Sanjay Kumar Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.185 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on record.
2. Heard Sri Sanjay Kumar Sharma, learned counsel for the applicant, Sri Yogesh
Mishra, learned State Law Officer for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.276 of 2026, under Sections 318(4), 338,
336(3), 317(2), 340(2) B.N.S. and Section 66D I.T. Act, Police Station Syohara,
District Bijnor, during the pendency of trial.
4. The criminal history assigned to the applicant stands explained.
5. After hearing learned counsel for the parties and taking into consideration that
similarly placed co-accused person Ilma Chaudhary has already been enlarged on bail
by this Court vide order dated 03.08.2026 passed in Criminal Misc. Bail Application
No.26751 of 2026, and 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.
6. Let the applicant- Mohd Irfan, 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.
7. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
(Krishan Pahal,J.)
September 23, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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