Allahabad High Court
ARMANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted on the ground of parity with a co‑accused, without expressing an opinion on the merits of the case.
Summary
Arman applied for bail in a cyber‑crime case (Crime No.04 of 2025) involving alleged offences under Sections 61(2) and 318(4) of the B.N.S. and Sections 66 and 66D of the Information Technology Act. The applicant’s criminal history was explained and the court noted that a co‑accused, Harsh Vardhan Gupta, had already been released on bail by a coordinate bench of the same court. Without delving into the merits, the court found that the applicant satisfied the criteria for bail on the ground of parity with the co‑accused. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. 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 the applicant is entitled to bail during the pendency of trial under the applicable provisions of the B.N.S. and the Information Technology Act.
- Whether the principle of parity with a co‑accused already released on bail warrants granting bail to the applicant.
Legislation cited
- B.N.S. — s. 318(4), 61(2)
- Information Technology Act — s. 66, 66D
Subjects
- bail
- cyber crime
- parity
- sureties
- non‑tampering of evidence
- Information Technology Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33177 of 2026
Arman
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Vidit Narayan Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.11 out of 114)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vidit Narayan Mishra, 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.04 of 2025, under Section 61(2), 318(4)
B.N.S. and Sections 66, 66D I.T. Act, Police Station Cyber Crime, District Shamli,
during the pendency of trial.
4. The criminal history assigned to the applicant stands explained.
5. After hearing learned counsel for the parties and taking into consideration that
similarly placed co-accused person Harsh Vardhan Gupta has already been enlarged
on bail by Co-ordinate Bench of this Court vide order dated 30.06.2025 passed in
Criminal Misc. Bail Application No.16147 of 2025, and 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.
6. Let the applicant- Arman, 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.
7. 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
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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