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2025 DAILYLAW 10423 (ALL)

MAYANK PARASHARI v. STATE OF U.P.

BAIL/2340/2025 · 2025-07-06

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106735 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2340 of 2025 Applicant :- Mayank Parashari Opposite Party :- State of U.P. Counsel for Applicant :- Amarjeet Choudhary,Mohd. Shaafi,Sangam Singh,Shujauddin Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Learned A.G.A. has filed counter affidavit today. The same is taken on record. 2. By means of this bail application the accused-applicant has prayed to be enlarged on bail in Case Crime No.95 of 2023 for offence under Sections 419, 420, 120-B I.P.C. and Sections 66D Information Technology Act, P.S. Cyber Crime, District Gautam Buddha Nagar. 3. Sri Sangam Singh, learned advocate appears on behalf of applicant and submits that the accused-applicant has been falsely implicated in the present case of cyber fraud wherein the informant has lodged the F.I.R. in the month of September, 2023 that she got a call for transferring the amount and accordingly she has transferred an amount of Rs.38,000/- in the current account of the accused applicant. 4. Sri Singh has drawn the attention of this Court towards an annexure filed along with supplementary affidavit which shows that huge transaction has been made in the current account of NDK Memorial School Samiti Mudiya Road, Bilari, Moradabad wherein the accused applicant is a treasure and has informed the SHO Police Bilari about hacking of the current account and 200 UPI payments amounting to Rs.71,04,041/- and debit of Rs.73,50,643/-. The charge sheet has been submitted but there is no investigation carried out by the Investigating Officer in respect to the hacking of the current account. 5. Per contra, learned A.G.A. submits that the charge sheet has been submitted against the accused applicant. There is a criminal history of two cases. 6. Countering the argument, learned counsel for the applicant submits that both the cases shown as criminal history arose out of the same transaction, wherein the accused is already on bail by the coordinate Bench of this Court. 7. This Court has taken into consideration the rival submission made by the parties. 8. The prima facie record reveals that the charge sheet has been submitted against the accused applicant. There is a plausible defence of hacking of account. The accused applicant is in jail since September, 2023. The case is Magistrate triable. 9. Without touching the merit of the case, this bail application is allowed. 10. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 7.7.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad