Allahabad High Court
PAWAN KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted on the ground of parity with a similarly situated co‑accused.
Summary
The applicant Pawan Kumar applied for bail in Crime No. 03 of 2026, charged under sections 318(4) and 317(5) of the BNS and section 66D of the I.T. Act, arising from a cyber‑crime investigation. The High Court noted that a co‑accused, Sonu Singh, had already been released on bail in a similar case (Criminal Misc. Bail Application No. 27591 of 2026). The court observed that the applicant had no prior criminal history and, on the basis of parity with the co‑accused, found that he had made out a case for bail. Without expressing an opinion on the merits, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The bail may be cancelled if any condition is breached.
Issues considered
- Whether bail should be granted to the accused under sections 318(4) and 317(5) of the BNS and section 66D of the I.T. Act during the pendency of trial
- Whether the principle of parity with a co‑accused previously released on bail warrants granting bail
Legislation cited
Subjects
- bail
- criminal procedure
- parity
- cyber crime
- tax offence
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33566 of 2026
Pawan Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bhaskar Bhadra, Rajveer Chaurasiya
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 49 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rajveer Chaurasiya, learned counsel for the applicant, Sri R.P.
Singh, learned State Law Officer and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 03 of 2026, under Section 318(4),
317(5) of BNS and 66D I.T. Act, Police Station- Cyber Crime Police Station
Mahoba, District -Mahoba, 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, Sonu Singh has already
been enlarged on bail by this Court vide order dated 7.8.2026 passed in
Criminal Misc. Bail Application No. 27591 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- Pawan Kumar, 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
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
BAIL No. 33566 of 2026
2
6. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
(Krishan Pahal,J.)
September 21, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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