Allahabad High Court
SANTOSH KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
Bail was granted to the applicant on the ground of parity.
Summary
Santosh Kumar applied for bail in a criminal case (Crime No. 22 of 2026) involving alleged offences under Sections 49, 317(5), 318(4), 351(2), 352 of the BNS Act and Sections 66C and 66D of the Information Technology Act. The court considered the facts, the applicant’s clean criminal record, and the fact that a co‑accused, Satyam Singh, had already been granted bail in a similar case. Weighing these circumstances, the court found that the applicant had made out a case for bail on the ground of parity. Accordingly, the bail was granted subject to a personal bond, two sureties, and conditions not to tamper with evidence, intimidate witnesses, and to appear before the trial court. The order also warned that breach of any condition would lead to cancellation of bail, without affecting the trial on merits.
Issues considered
- Whether bail should be granted to the applicant during the pendency of trial for the offences alleged under the BNS Act and the IT Act.
Legislation cited
- BNS — s. 317(5), 318(4), 351(2), 352, 49
- Information Technology Act — s. 66C, 66D
Subjects
- bail
- cyber crime
- Information Technology Act
- parity
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34176 of 2026
Santosh Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Vishwanath Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 34 out of 109)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Vishwanath Mishra, learned counsel for the applicant and Sri Rajendra
Prasad Singh, learned State Law Officer and also perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 22 of 2026, under Sections 49, 317(5),
318(4), 351(2), 352 of BNS and Sections 66C & 66D of I.T. Act, Police Station -
Cyber Crime Thana, District - Gorakhpur, 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, Satyam Singh, has already been enlarged on
bail by this Court vide order dated 22.09.2026 passed in Criminal Misc. Bail
Application No. 33779 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- Santosh 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 24, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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