Allahabad High Court
NITESH KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity with a co‑accused.
Summary
Nitesh Kumar applied for bail in Criminal Case No. 385 of 2026, charged under multiple sections of the B.N.S. Act and Section 66D of the Information Technology Act. The applicant had no prior criminal record, and a co‑accused, Tejas Pal, had already been released on bail in a similar case. The court considered the facts, the evidence, and the submissions of counsel, and found that the applicant had made out a case for bail on the ground of parity. Accordingly, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear as required. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused Nitesh Kumar in the pending trial under the specified sections of the B.N.S. Act and the IT Act.
Legislation cited
- B.N.S. Act — s. 318(4), 336(3), 337, 338, 339, 340(2), 341(2), 3(5)
- Information Technology Act, 2000 — s. 66D
Subjects
- bail
- criminal procedure
- parity principle
- surety
- Information Technology Act
- B.N.S. Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34030 of 2026
Nitesh Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Phool Singh Yadav, Vaibhav Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 74 out of 208)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vaibhav Yadav, learned counsel for the applicant and Sri Deepak Kumar
Singh, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 385 of 2026, under Sections 318(4), 336(3),
337, 338, 339, 340(2), 341(2), 3(5) of BNS and Section 66 D of I.T. Act, Police
Station - Kalyanpur, District - Kanpur 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, Tejas Pal @ Tejas Garariya, has already been
enlarged on bail by this Court vide order dated 10.09.2026 passed in Criminal Misc.
Bail Application No. 32066 of 2026 coupled with the fact that the applicant has no
criminal history, 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- Nitesh Kumar, 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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