Allahabad High Court
MANJEET KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, granting bail to the applicant.
Summary
Manjeet Kumar applied for bail in a criminal case (No. 146 of 2026) under Section 318(4) of the BNS and Section 66D of the Information Technology Act, alleging involvement in a financial fraud. He contended that he was falsely implicated, that no money was ever transferred to his bank account, and that his prior two criminal cases were explained. The applicant had been in custody since 14 July 2026 and argued he posed no threat to the trial process. The court examined the nature of the offence, the severity of punishment, the absence of any financial nexus, and the applicant’s criminal history. Finding that the prosecution had not established a monetary link and that the applicant had already served a considerable period in custody, the court held that bail was appropriate. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail can be granted in a case punishable under Section 318(4) of the BNS and Section 66D of the IT Act
- Whether the absence of any financial transaction linking the accused to the alleged offence justifies bail
- Whether the accused’s prior criminal history and period of incarceration affect the bail decision
- Whether the accused poses a risk of tampering with evidence or intimidating witnesses
Legislation cited
- BNS — s. 318(4)
- Information Technology Act, 2000 — s. 66D
Subjects
- bail
- criminal procedure
- Section 66D IT Act
- false implication
- financial crime
- sureties
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34101 of 2026
Manjeet Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bipin Kumar Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 14 out of 109)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Bipin Kumar Tripathi, learned counsel for the applicant and Sri
Ram Mohit Yadav, learned A.G.A. for the State and also perused the
material placed on record.
3. Applicant seeks bail in Case Crime No. 146 of 2026, under Section
318(4) of BNS and Section 66D of I.T. Act, Police Station - Kotwali,
District - Gorakhpur, during the pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the instant case and the entire prosecution narrative
against him is concocted. It is submitted that not a single penny has been
transferred to the bank account of the applicant, thereby establishing no
financial nexus or complicity in the alleged offence. It is further submitted
that the applicant's criminal history of two cases has been satisfactorily
explained, he has been languishing in jail since 14.07.2026, and he poses no
threat to the trial process.
5. Considering the facts and circumstances of the case, the submissions
made by the learned counsel for the parties, the nature of the offence, the
severity of the punishment, and also considering the absence of any financial
transactions or monetary trail connecting the applicant to the crime, the fact
that his criminal history stands properly explained, and the period of
incarceration already undergone, this Court prima facie finds it a fit case to
release the applicant on bail.
BAIL No. 34101 of 2026
2
6. Accordingly, the bail application is allowed. Let the applicant- Manjeet
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.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 24, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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