Allahabad High Court
MODEBE OOKPO JOSEPHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail is granted to the applicant on the ground of parity, subject to bond, sureties and conditions.
Summary
Modebe Ookpo Joseph applied for bail in a cyber‑crime case (Crime No. 70 of 2024) where he is charged under IPC sections 420, 467, 468, 471, 120‑B, 201 and IT Act section 66. The High Court examined the facts, the evidence, and noted that a co‑accused, Sunday Okonkwo, had already been released on bail in a similar case. The court observed that the applicant has no prior criminal record except for a pending case that was explained, and therefore found a prima facie case for bail. On the ground of parity with the co‑accused, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order also warned that breach of conditions would lead to cancellation of bail, without affecting the trial on merits.
Issues considered
- Whether bail should be granted to the accused under IPC sections 420, 467, 468, 471, 120‑B, 201 and IT Act section 66 during the pendency of trial.
- Whether the applicant’s lack of prior criminal history and the bail granted to a similarly situated co‑accused justify granting bail on the ground of parity.
Legislation cited
- Indian Penal Code — s. 120-B, 201, 420, 467, 468, 471
- Information Technology Act — s. 66
Subjects
- bail
- cyber crime
- Indian Penal Code
- Information Technology Act
- parity
- sureties
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34026 of 2026
Modebe Ookpo Joseph
.....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
(Sl. No. 73 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vidit Narayan Mishra, learned counsel for the applicant and Sri Arun
Kumar Mishra, learned A.G.A. for the State and also perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 70 of 2024, under Sections 420, 467, 468,
471, 120-B, 201 of IPC and Section 66 of I.T. Act, Police Station - Cyber Crime,
District - Gautam Budh Nagar, during the pendency of trial.
4. Considering the facts and circumstances of the case, the submissions made by
learned counsel for the parties, the evidence on record, taking into consideration
that similarly placed co-accused person, Sunday Okonkwo, has already been enlarged
on bail by this Court vide order dated 31.08.2026 passed in Criminal Misc. Bail
Application No. 30202 of 2026 coupled with the fact that the applicant has no
previous criminal history except one case foisted on him subsequently and has been
properly explained, this Court prima facie is of the view that the applicant has made
out a case for bail.
5. Accordingly, the bail application is allowed on the ground of parity. Let the
applicant- Modebe Ookpo Joseph, be released on bail 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.
September 23, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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