Allahabad High Court
PINKU KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity and lack of criminal history.
Summary
Pinku Kumar was arrested in connection with Crime No.30 of 2026 for alleged offences under Sections 318(4), 61(2), 316(5) of the Indian Penal Code, Sections 3, 4, 5 of the Prize and Money Circulation Schemes (Banning) Act and Section 66-D of the Information Technology Act. He applied for bail during the pendency of trial, arguing lack of prior criminal record and parity with a co‑accused, Mohd. Sayeed Akram, who had earlier been granted bail in a similar case. The Court examined the material on record, the seriousness of the charges, and the precedent of the earlier bail order. Considering the applicant’s clean record and the principle of parity, the Court found that the applicant had made out a 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 bail should be granted to Pinku Kumar in the pending trial for offences under the IPC, Prize and Money Circulation Schemes (Banning) Act and the IT Act
Legislation cited
- Indian Penal Code — s. 316(5), 318(4), 61(2)
- Information Technology Act — s. 66-D
- Prize and Money Circulation Schemes (Banning) Act — s. 3, 4, 5
Subjects
- bail
- parity
- cyber crime
- IT Act
- Prize and Money Circulation Schemes
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31979 of 2026
Pinku Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Krishn Kumar, Mukesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.109 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Krishn Kumar, learned counsel for the applicant, Sri Arun Kumar 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, Section 3, 4, 5 Prize and Money Circulation Schemes (Banning) Act and
Section 66-D of I.T. Act, Police Station Cyber Crime, District Varanasi, during the
pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsels for the parties, and taking into consideration that similarly placed co-
accused, Mohd. Sayeed Akram, has already been granted bail by the Co-ordinate
Bench of this Court vide order dated 21.8.2026 in Criminal Misc. Bail Application
No.29685 of 2026, coupled with the fact that applicant has no criminal history, the
Court is of the view that the applicant has made out a case for bail. The bail
application is allowed on the ground of parity.
5. Let the applicant- Pinku Kumar, be released on bail in the aforementioned case
crime 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.
6. 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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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