Neutral Citation No. - 2025:AHC:60233 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35880 of 2024 Applicant :- Sumit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Devi Dayal,Anuj Chaturvedi,Brijesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.04 of 2023, under Section 419, 420, 467, 468, 471 Indian Penal Code and Section 66-D of I.T. Act, Police Station Cyber Crime Police Basti, District Basti. In the prosecution case it is alleged that some unknown persons called the informant from his two mobile numbers regarding renewal of SUD life insurance policy and benefit of Rs. 20000000/- to him after renewal. On such allurement some transaction has been done by the informant in three accounts. It is alleged that total Rs.6,23,000/- have been cheated. Learned counsel for the applicant submits that amount has been received in the account of co-accused Sumit Kumar and not in the account of the applicant. The alleged mobile number also does not belong to the applicant which have been used in the crime. He submits that the applicant used to run a food shop. Co accused Sumit was a regular customer and for some official work he used wifi connection of the applicant. He further submits that co- accused Sumit has misused the wifi connection of the applicant. No offence of forgery is made out against the applicant. Even offence of cheating is not made out against the applicant. The offence is triable by Magistrate. Chargesheet has also been filed and there is no need of custodial interrogation of the applicant. The applicant has explained the criminal history of one case in the bail application. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties. On due consideration to the facts that the applicant is in jail since 20.5.2024, offence is triable by Magistrate, prima facie it does not appear from perusal of the record that the applicant has received any amount in his bank account and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law. Order Date :- 12.3.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad