Kasan Rain vs State Of U.P. on 19 September, 2025

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Allahabad High Court

Kasan Rain vs State Of U.P. on 19 September, 2025

Bench: Krishan Pahal





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:168905
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
CRIMINAL MISC. BAIL APPLICATION No. - 32198 of 2025   
 
   Kasan Rain    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P.    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Istyak Khan   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 67
 
   
 
 HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

2. Heard Shri Istyak Khan, learned counsel for the applicant as well as Shri Anit Kumar Shukla, learned A.G.A. for the State and perused the record.

3. Applicant seeks bail in Case Crime No.34 of 2025, under Sections 318(4), 338, 339, 3(5) B.N.S., 66(D) I.T. Act and 42 Telecom Act, Police Station Cyber Crime, District Kanpur Nagar, during the pendency of trial.

4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Gaurav Sachan has already been enlarged on bail by this Court vide order dated 10.9.2025 passed in Criminal Misc. Bail Application No. 27750 of 2025. The applicant is languishing in jail since 26.6.2025, having no criminal history. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

5. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him.

6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail on the ground of parity. The bail application is allowed on the ground of parity.

7. Let the applicant- Kasan Rain involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

(Krishan Pahal,J.) September 19, 2025 Vikas Verma

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Allahabad High Court