Allahabad High Court
GOLU KUMAR @ SHIVSHANKAR KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to Golu Kumar on a personal bond and two sureties, subject to standard conditions.
Summary
The applicant, Golu Kumar (also known as Shivshankar Kumar), applied for bail in a criminal case (Crime No.30 of 2026) involving 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. The court noted that a co‑accused, Mohd. Sayeed Akram, had already been granted bail in a similar matter, and that the applicant had no prior criminal record. Considering the parity with the co‑accused and the applicant’s clean record, the court found that the applicant had made out a case for bail. Accordingly, bail was granted on the condition of a personal bond and two sureties, with standard conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the applicant in the pending trial for offences under the IPC, Prize and Money Circulation Schemes (Banning) Act and the IT Act.
- Whether the grant of bail to a co‑accused in a similar case and the applicant’s lack of criminal history justify bail on the ground of parity.
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
- cyber crime
- Information Technology Act
- Prize and Money Circulation Schemes
- parity
- no criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31982 of 2026
Golu Kumar @ Shivshankar 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.111 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Krishn Kumar, learned counsel for the applicant, Sri R.P. Patel, learned
State Law Officer 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, Sections 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- Golu Kumar @ Shivshankar 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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