Allahabad High Court
AMIT JAYANTILAL PITADIYAversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court allowed the bail application, granting bail to Amit Jayantilal Pitadiya subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Amit Jayantilal Pitadiya, who was arrested in connection with Crime No. 136 of 2024 under multiple provisions of the Bharatiya Nyaya Sanhita, 2023 and Section 66D of the Information Technology Act. The applicant claimed innocence, highlighted that a co‑accused had previously been granted bail, and asserted no criminal antecedents or risk of flight. The State opposed bail but did not dispute the facts. The Court examined the seriousness of the alleged offences, the possibility of evidence tampering, and the prima facie case, and concluded that despite these concerns, the applicant was entitled to bail. Accordingly, bail was granted subject to personal bond, sureties and conditions prohibiting tampering, intimidation of witnesses, and ensuring regular court appearances.
Issues considered
- Whether bail should be granted to Amit Pitadiya under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the offences and risk of evidence tampering.
- Whether the applicant poses a risk of flight or intimidation of witnesses warranting denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Bharatiya Nyaya Sanhita — s. 318(4), 319(2), 336(3), 338, 340(2), 3(5)
- Information Technology Act — s. 66D
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- cyber crime
- Information Technology Act
- evidence tampering
- flight risk
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 3572 of 2026
Amit Jayantilal Pitadiya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Gaur, Karmendra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant; Shri Ajay Singh, learned AGA for
the State-respondents and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Amit
Jayantilal Pitadiya, seeking enlargement on bail in Case Crime No. 136 of
2024, under Sections 319 (2), 318 (4), 338, 336 (3), 340 (2), 3 (5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 66D of I.T. Act, Police Station
Cyber Crime, District Agra.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 21.11.2025. Learned counsel for the applicant
submits that similarly circumstanced co-accused Ravi Kumar Suryavanshi
has already been enlarged on bail by co-ordinate Bench of this Court on
11.6.2025 in Criminal Misc. Bail Application No. 4079 of 2025. He has no
criminal antecedent and there is no likelihood of his fleeing from course of
justice or tampering with evidence in case of release on bail. Hence, bail has
been prayed for.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but could not dispute the aforesaid fact.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
BAIL No. 3572 of 2026
2
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Amit Jayantilal Pitadiya, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
February 17, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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