Allahabad High Court
RISHI SHARMA @ RINKUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on the basis of parity and the absence of antecedents, the applicant was entitled to bail.
Summary
Rishi Sharma was charged under Sections 317(2) and 318(4) of the Indian Penal Code and Section 66-D of the Information Technology Act in Crime No. 254 of 2026. He applied for bail during the pendency of trial. The court noted that a co‑accused, Durgesh Kumar, had already been released on bail in a similar case, and that Sharma had no prior criminal record. Relying on the principle of parity and finding a prima facie case for bail, the court granted the bail application without commenting on the merits of the case. Sharma was ordered to be released on personal bond and two sureties, subject to conditions of not tampering with evidence, not intimidating witnesses, and appearing before the trial court.
Issues considered
- Whether the applicant is entitled to bail despite being charged under Sections 317(2) and 318(4) of the IPC and Section 66-D of the 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)
- Information Technology Act — s. 66-D
Subjects
- bail
- parity principle
- criminal procedure
- Information Technology Act
- non‑bailable offence
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31544 of 2026
Rishi Sharma @ Rinku
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahendra Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.37 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mahendra Tripathi, 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. 254 of 2026, under Sections
318(4), 317(2) BNS, 66-D I.T. Act, Police Station Panki, District Kanpur
Nagar, 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 Durgesh Kumar has
already been enlarged on bail by Co-ordinate Bench of this Court vide order
dated 18.8.2026 passed in Criminal Misc. Bail Application No. 29019 of
2026 and 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- Rishi Sharma @ Rinku, 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 trial court as required.
BAIL No. 31544 of 2026
2
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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