Allahabad High Court
DEEPAK SHARMA @ DEEPUversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
An accused may be granted bail if the case for bail is made out, irrespective of prior criminal history, provided parity with similarly placed co‑accused is observed.
Summary
Deepak Sharma applied for bail in a cyber‑crime case involving multiple IPC offences and a provision of the IT Act. The court noted that an accused’s prior criminal record cannot, by itself, justify continued detention if bail criteria are otherwise satisfied. The applicant’s criminal history was explained and found not to preclude bail. The court observed that a co‑accused, Madhav Sharma, had already been granted bail in a similar case, establishing parity. Consequently, the court allowed the bail application, ordering release on personal bond and two sureties with standard conditions.
Issues considered
- Whether the applicant is entitled to bail despite his criminal antecedents
- Whether parity with a similarly situated co‑accused warrants granting bail
Legislation cited
- Indian Penal Code — s. 112, 317(2), 317(4), 317(5), 318(4), 319(2), 336(3), 338, 340(2), 61(2)
- Information Technology Act — s. 66-D
Subjects
- bail
- criminal antecedents
- parity
- cyber crime
- IPC
- IT Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31812 of 2026
Deepak Sharma @ Deepu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Niketa Sharma, Rahul Kumar Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.64 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed today is taken on
record.
2. Heard Sri Vipul Babu Sharma, learned Advocate holding brief for Sri
Rahul Kumar Sharma, 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.22 of 2026, under Sections 61(2),
112, 317(2), 317(4), 317(5), 318(4), 319(2), 336(3), 338, 340(2) BNS and
66-D I.T. Act, Police Station Cyber Crime Hathras, District Hathras, during
the pendency of trial.
4. The criminal history of one case assigned to the applicant has been
explained.
5. This Court is of the view that if a case for bail is otherwise made out,
an accused cannot be kept incarcerated solely on account of his criminal
antecedents. In the instant case, the criminal history assigned to the
applicant has been properly explained.
6. 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 Madhav Sharma @
Bhola has already been enlarged on bail by this Court vide order dated
25.8.2026 passed in Criminal Misc. Bail Application No.30001 of 2026, and
BAIL No. 31812 of 2026
2
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.
7. Let the applicant- Deepak Sharma @ Deepu, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 9, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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