Allahabad High Court
BHUPENDRAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with the co‑accused.
Summary
The applicant, Bhupendra, was charged under Sections 419, 420, 120B of the Indian Penal Code and Section 66D of the Information Technology Act for alleged cyber‑related offences. He applied for bail during the pendency of trial. The court noted that a co‑accused, Sunil Kumar, had already been released on bail in a similar case and that Bhupendra had no prior criminal record. Considering the parity with the co‑accused and the absence of any adverse material, the court found that the applicant had made out a case for bail. Consequently, bail was granted on the condition of a personal bond, two sureties, and compliance with standard bail conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether bail should be granted to the applicant under the circumstances of the case
- Whether the principle of parity with a co‑accused already released on bail applies
Legislation cited
- Indian Penal Code — s. 120B, 419, 420
- Information Technology Act — s. 66D
Subjects
- bail
- IPC
- fraud
- criminal conspiracy
- cyber crime
- parity
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31543 of 2026
Bhupendra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Darwari Lal
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 36 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Darwari Lal, 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. 03 of 2024, under Sections 419,
420, 120B IPC and 66D I.T. Act, Police Station Cyber Crime Bareilly,
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 Sunil Kumar has
already been enlarged on bail by Co-ordinate Bench of this Court vide order
dated 22.10.2024 passed in Criminal Misc. Bail Application No. 35635 of
2024; there being no criminal antecedents to the credit of applicant 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.
5. Let the applicant- Bhupendra, 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 shall not
tamper with evidence or intimidate witnesses and shall appear before the
BAIL No. 31543 of 2026
2
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 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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