Allahabad High Court
ANKIT KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
Ankit Kumar was charged in Crime No. 380 of 2026 under several sections of the Indian Penal Code (318(4), 319(2), 336(3), 338, 339) and Section 66 of the Information Technology Act, 2000. The applicant contended that there was no cogent evidence linking him to the alleged online gaming offence and that the alleged recovery of two passports was false. The State opposed bail but the court noted the applicant's clean criminal record and the lack of substantive proof. Without expressing a view on the merits, the court found a prima facie case for bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether the applicant is entitled to bail pending trial despite the serious nature of the charges under the IPC and the IT Act
Legislation cited
- Indian Penal Code — s. 318(4), 319(2), 336(3), 338, 339
- Information Technology Act, 2000 — s. 66
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Information Technology Act
- presumption of innocence
- surety
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31574 of 2026
Ankit Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhay Pratap Singh, Mohd Shahnawaz
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 43 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Abhay Pratap Singh, learned counsel for the applicant, Sri
R.M. Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 380 of 2026, under Sections
318(4), 319(2), 336(3), 338 and 339 BNS and 66 I.T. Act, 2000, Police
Station Mughal Sarai, District Chandauli, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, there being no cogent evidence against the
applicant of having involved in the online gaming; the submission that a
false recovery of two passports has been foisted on him; there being no
criminal antecedents to his credit 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.
5. Let the applicant- Ankit Kumar, who is involved in aforementioned case
crime be released on bail 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 condition that he shall not tamper with
evidence or intimidate witnesses and shall appear before the trial court as
required.
BAIL No. 31574 of 2026
2
6. Breach of any of the above condition shall entail cancellation of bail. The
observation 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
Checking your session…