Allahabad High Court
BHAGWAN DAS @ ARJUNversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on the basis of parity with a co‑accused already released on bail and the absence of any criminal history, the applicant is entitled to bail.
Summary
The applicant, Bhagwan Das @ Arjun, filed a bail application in Criminal Misc. Bail Application No. 31516 of 2026, seeking release in case crime No.30 of 2026 involving offences under sections of the BNS Act, the Prize Chits and Money Circulation Schemes (Banning) Act, and section 66D of the Income‑Tax Act. The court noted that a co‑accused, Mohd. Sonu, had already been granted bail in a similar case (Criminal Misc. Bail Application No. 28532 of 2026). It was also observed that the applicant has no prior criminal history. Without expressing any view on the merits of the underlying charges, the court found that the applicant had made out a case for bail on the ground of parity. Accordingly, bail was ordered subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order further stipulated that breach of any condition would be a ground for cancellation of bail.
Issues considered
- Whether the applicant is entitled to bail pending trial under the applicable statutes, considering the grant of bail to a similarly situated co‑accused and the applicant's lack of criminal history?
Legislation cited
- BNS — s. 316(5), 318(4), 61(2)
- Income Tax Act — s. 66D
- Prize Chits and Money Circulation Schemes (Banning) Act — s. 3, 4, 5
Subjects
- bail
- criminal procedure
- parity
- cyber crime
- money circulation schemes
- income tax
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31516 of 2026
Bhagwan Das @ Arjun
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Lal Vijay Singh, Rajiv Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 30 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Anand Kumar Mishra, learned Advocate holding brief for Sri
Rajiv Kumar Mishra, learned counsel for the applicant, Sri R.P. Singh,
learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.30 of 2026, under Section 318(4),
61(2), 316(5) BNS and 3, 4, 5 Prize Chits and Money Circulation Schemes
(Banning) Act and 66D of I.T. Act, Police Station- Cyber Crime, District
Varanasi, 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, Mohd. Sonu has already
been enlarged on bail by this Court vide order dated 14.8.2026 passed in
Criminal Misc. Bail Application No. 28532 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- Bhagwan Das @ Arjun, 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. 31516 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 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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