Allahabad High Court
RAVINDRA KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
Ravindra Kumar applied for bail in a criminal case (Crime No.14 of 2026) involving alleged offences under Sections 318(4), 61(2), 123, 303(2) of the Indian Penal Code and Section 66D of the Information Technology Act. The applicant claimed he was falsely implicated, asserting that the FIR was delayed, he was not named in it, and that the alleged misappropriation of Rs.3.40 lakh via a UPI transaction was baseless. The State opposed the bail, but the court noted the applicant's lack of prior criminal record, his incarceration since 19‑02‑2026, and the prima facie nature of his claim. Considering that the applicant was not named in the FIR and that the evidence on record did not warrant denial of bail, the court found a case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and 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 the accused in a case involving alleged offences under the IPC and IT Act, given the claim of false implication and the fact that the applicant is not named in the FIR.
Legislation cited
- Indian Penal Code — s. 123, 303(2), 318(4), 61(2)
- Information Technology Act — s. 66D
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Information Technology Act
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33251 of 2026
Ravindra Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Niharika Singh Parihar, Suresh
Chandra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.8 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Alok Tripathi, Advocate holding brief of Sri Suresh Chandra,
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.14 of 2026, under Sections 318(4),
61(2), 123, 303(2) BNS and Section 66D of I.T. Act, Police Station Cyber
Crime, District Aligarh, 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. An
amount of Rs.3.40 lakh is stated to have been usurped by the applicant by
using the UPI of the informant. The said allegations are per se false and the
applicant has nothing to do with the said offence. The FIR is delayed and
even the applicant is not named in it. As such, he is entitled to bail. The
applicant has no criminal history and is in jail since 19.2.2026. 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
BAIL No. 33251 of 2026
2
learned counsel for the parties, the nature of allegation and the evidence on
record, taking into consideration the fact that applicant is not named in the
FIR, 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.
The bail application is allowed.
7. Let the applicant- Ravindra 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 18, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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