Allahabad High Court
RAKESH KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and therefore granted bail on the ground of parity.
Summary
The High Court considered the bail application of Rakesh Kumar, who was charged under sections 318(4), 61(2), 316(5) of the Indian Penal Code, sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and section 66D of the Income‑Tax Act. The court noted that a co‑accused, Mohd. Sonu, had already been released on bail in a similar case and that the applicant had no prior criminal record. After evaluating the material on record and the submissions of counsel, the court held that the applicant had made out a prima facie case for bail. Accordingly, bail was granted on the ground of parity, subject to a personal bond, two sureties and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that breach of conditions would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused under the specified provisions of the IPC, Prize Chits Act and Income‑Tax Act.
- Whether the grant of bail to a co‑accused on similar charges creates a parity ground for granting bail to the applicant.
- Whether the applicant’s lack of prior criminal antecedents justifies bail.
Legislation cited
- Income Tax Act — s. 66D
- Indian Penal Code — s. 316(5), 318(4), 61(2)
- Prize Chits and Money Circulation Schemes (Banning) Act, 1978 — s. 3, 4, 5
Subjects
- bail
- criminal procedure
- parity
- Prize Chits Act
- Income Tax Act
- sureties
- non‑bailable offence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31572 of 2026
Rakesh Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 42 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Akhilesh Kumar Yadav, 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. 30 of 2026, under Sections
318(4), 61(2), 316(5) BNS and 3, 4 and 5 of the Prize Chits and Money
Circulation Schemes (Banning) Act, 1978 and 66D of I.T. Act, Police
Station Crime Branch, District Varanasi, 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 Mohd.Sonu has
already been enlarged on bail by Co-ordinate Bench of this Court vide order
dated 14.8.2026 passed in Criminal Misc. Bail Application No. 28532 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- Rakesh Kumar, 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
BAIL No. 31572 of 2026
2
tamper with evidence or intimidate witnesses and shall appear before the
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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