Allahabad High Court
SAGAR CHAUHANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with the co‑accused.
Summary
The applicant, Sagar Chauhan, was charged in Crime No. 452 of 2026 under several provisions of the Information Technology Act, including sections 318(4), 338, 336(3), 340(2), 61(2) BNS and 66D. He applied for bail during the pendency of trial, asserting that he has no prior criminal record. The Court noted that a co‑accused, Kuldeep, had already been released on bail in a similar case (Criminal Misc. Bail Application No. 27893 of 2026). Relying on the principle of parity and the absence of any criminal history, the Court found that the applicant had made out a case for bail, without expressing an opinion on the merits of the charges. Accordingly, 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 Court also warned that breach of any condition would be grounds for cancellation of bail.
Issues considered
- Whether bail should be granted to the applicant during the pendency of trial on the basis of parity with a co‑accused and lack of criminal history.
Legislation cited
- Information Technology Act — s. 318(4), 336(3), 338, 340(2), 61(2) BNS, 66D
Subjects
- bail
- parity
- Information Technology Act
- criminal procedure
- sureties
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33001 of 2026
Sagar Chauhan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manu Sharma, Yogesh Shekhar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.43 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Manu Sharma, learned counsel for the applicant, Sri V.K.S.
Parmar, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 452 of 2026, under Sections
318(4), 338, 336(3), 340(2), 61(2) BNS and 66D of the Information
Technology Act, Police Station- Bisrakh, District -Gautam Buddha 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, Kuldeep has already been
enlarged on bail by this Court vide order dated 11.8.2026 passed in Criminal
Misc. Bail Application No. 27893 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- Sagar Chauhan, 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. 33001 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 16, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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