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Allahabad High Court

VISHAL PAWARversusSTATE OF U.P.

Decided

Holding

Bail was granted to the applicant on the ground of parity.

Summary

Vishal Pawar applied for bail in a criminal case (Crime No. 222 of 2026) involving offences under Sections 318(4), 115(2), 352, 351(2), 336(3), 340(2), 338 of the Indian Penal Code and Section 66 of the Information Technology Act. The applicant had no prior criminal record. The learned counsel highlighted that a co‑accused, Priyanshu Kumar, had already been granted bail in a similar case, establishing a parity principle. The Court examined the material on record and the submissions of both parties. Finding that the applicant satisfied the criteria for bail and that parity warranted a similar outcome, the Court allowed the bail application subject to a personal bond and two sureties with standard conditions. The order emphasized that any breach of conditions would lead to cancellation of bail and would not affect the trial on merits.

Issues considered

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

Legislation cited

Subjects

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

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. BAIL APPLICATION No. - 33162 of 2026

                                    Vishal Pawar
                                                                                                            .....Applicant(s)
                                                                             Versus
                                    State of U.P.
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)             :   Jitendra Pal Singh Jadaun, Seema Singh
                                                                             Jadaun
                                    Counsel for Opposite Party(s)        :   G.A.

                                    Court No. - 68
                                    (Sr. No.8 out of 114)

                                                                HON'BLE KRISHAN PAHAL, J.

                                    1. List has been revised.

                                    2. Heard Sri Jitendra Pal Singh Jadaun, 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.222 of 2026, under Sections 318(4), 115(2),
                                    352, 351(2), 336(3), 340(2), 338 B.N.S. and Section 66 of I.T. Act, Police Station
                                    Lodha, District Aligarh, 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, Priyanshu Kumar, has already been granted bail by this Court vide order
                                    dated 24.8.2026 in Criminal Misc. Bail Application No.29872 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- Vishal Pawar, 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 17, 2026
                                    Vikas Verma




Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad


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