Allahabad High Court
ALOK SAHANIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to Alok Sahani on the condition of a personal bond, two sureties, and compliance with standard bail conditions.
Summary
Alok Sahani applied for bail in a criminal case (Crime No. 711 of 2026) involving offences under Sections 318(4), 351(3), 352, 61(2) of the Uttar Pradesh B.N.S. Act and Sections 66(C), 66(D) of the Information Technology Act. The court noted that a co‑accused, Vinay Sahani, had already been released on bail in a similar case and that Alok Sahani had no prior criminal record. After hearing counsel for both sides, the bench refrained from commenting on the merits of the charges and, on the basis of parity, found that the applicant had made out a case for bail. Accordingly, bail was granted subject to a personal bond, two sureties, and standard conditions not to tamper with evidence, intimidate witnesses, or fail to appear in court. The order also warned that breach of any condition would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to Alok Sahani for the offences alleged under the B.N.S. Act and the IT Act, considering the grant of bail to a similarly situated co‑accused and the applicant's lack of criminal history.
Legislation cited
- Information Technology Act — s. 66(C), 66(D)
- Uttar Pradesh B.N.S. Act — s. 318(4), 351(3), 352, 61(2)
Subjects
- bail
- parity
- criminal procedure
- Uttar Pradesh
- Information Technology Act
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33567 of 2026
Alok Sahani
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Deeksha Gupta, Siddharth Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 50 out of 131)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Siddharth Srivastava, learned counsel for the applicant, Sri
D.K. Singh, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 711 of 2026, under Sections
318(4), 351(3), 352, 61(2) of BNS and 66(C), 66(D) of I.T. Act, Police
Station- Gulriha, District Gorakhpur, 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, Vinay Sahani, has already
been enlarged on bail by this Court vide order dated 18.9.2026 passed in
Criminal Misc. Bail Application No. 33279 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- Alok Sahani, 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. 33567 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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