Allahabad High Court
AMAN SHEKHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the applicant is entitled to bail.
Summary
Aman Shekh was arrested in connection with Crime No. 378 of 2026, charged under Sections 318(4) and 317(4) of the Indian Penal Code (BNS) and Section 66‑D of the Information Technology Act. He contended that he is a labourer who was merely used as a mule by co‑accused and has no criminal record. The State opposed bail, but the court examined the material on record, the applicant’s claim of innocence, and his lack of prior convictions. Finding a prima facie case for bail and without expressing an opinion on the merits, the court allowed the bail application. The applicant was released on personal bond and two sureties, subject to conditions not to tamper with evidence, intimidate witnesses, and to appear as required.
Issues considered
- Whether the accused is entitled to bail for offences under Sections 318(4), 317(4) BNS of the IPC and Section 66‑D of the IT Act during the pendency of trial
- Whether the applicant’s claim of innocence, lack of criminal history, and role as a labourer justify the grant of bail
Legislation cited
- Indian Penal Code — s. 317(4), 318(4)
- Information Technology Act, 2000 — s. 66-D
Subjects
- bail
- criminal procedure
- Information Technology Act
- Indian Penal Code
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33131 of 2026
Aman Shekh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jagadish Prasad Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.2 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri J.P. Yadav, learned counsel for the applicant, Sri Ram Mohit
Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.378 of 2026, under Sections
318(4), 317(4) BNS and Section 66-D of I.T. Act, Police Station Bhadohi,
District Bhadohi, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
allegations levelled against the applicant are per se false. He was simply a
labourer in the carpet company and has been used as a mule by the co-
accused persons. He has nothing to do with the said offence. The applicant
has no criminal history and is in jail since 7.8.2026. He undertakes to
cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
BAIL No. 33131 of 2026
2
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Aman Shekh, 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 17, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
Checking your session…