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Allahabad High Court

ABHISHEK VERMAversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicant on the ground of parity and lack of criminal history.

Summary

Abhishek Verma applied for bail in a criminal case (Crime No.124 of 2026) involving offences under several sections of the Indian Penal Code and the Information Technology Act. The applicant argued that he had no prior criminal record and that a co‑accused, Hitesh Nigam Vayask, had already been released on bail in a similar case. The court, after hearing counsel, noted the parity with the co‑accused and the absence of any criminal history, and without delving into the merits, found that the applicant had made out a case for bail. Accordingly, the bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court as required. The order also stipulated that breach of any condition would lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to the accused during the pendency of trial for the offences alleged under IPC and IT Act.

Legislation cited

Subjects

  • bail
  • parity
  • criminal procedure
  • Indian Penal Code
  • Information Technology Act
  • trial pendency
  • sureties

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 31879 of 2026

Abhishek Verma
                                                             .....Applicant(s)
                                      Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Rajesh Kumar Yadav, Ram Badan
                                Maurya
Counsel for Opposite Party(s) : G.A.

Court No. - 68
(Sl. No. 81 out of 318)

                          HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Sri Rajesh Kumar Yadav, learned counsel for the applicant, Sri
R.P. Patel, learned State Law Officer and perused the material placed on
record.

3. Applicant seeks bail in Case Crime No.124 of 2026, under Section 319(2),
318(4), 338, 336(3), 340(2), 3(5), 61(2) BNS and 66C, 66D Information
Technology Act, Police Station- Barra, District -Kanpur Nagar, during the
pendency of trial.

4. After hearing learned counsel for the parties and taking into consideration
the fact that similarly placed co-accused person, Hitesh Nigam Vayask has
already been enlarged on bail by this Court vide order dated 22.7.2026
passed in Criminal Misc. Bail Application No. 24997 of 2026 and that there
is no criminal history assigned to the applicant, 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- Abhishek Verma, be released on bail in the
aforementioned case crime 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 conditions that he shall not
                                                                                            BAIL No. 31879 of 2026
                                                                   2


                                    tamper with evidence or intimidate witnesses and shall appear before the
                                    trial court as required.

                                    6. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.



                                                                                             (Krishan Pahal,J.)
                                    September 9, 2026
                                    Shalini




Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad


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