Neutral Citation No. - 2025:AHC:86147 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2269 of 2025 Applicant :- Deepak Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Yadav,Mahendra Pratap Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Anurag Yadav, learned counsel for the applicant, Shri Shashank Singh, Advocate, holding brief of learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Deepak Chauhan, seeking enlargement on bail in Case Crime No. 16 of 2024, under Sections 318 (4), 338, 336 (3), 340 (2), 61 (2) BNS and Section 66D I.T. Act, Police Station- Cyber Crime, District -Baghpat. 3. 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 26.09.2024. It is argued that FIR has been lodged delayed and no proper explanation has been given by the informant. The investigating officer after completing investigation, submitted charge sheet on 21.11.2024 against the applicant. No specific role has been assigned to the applicant. The applicant was not involved in the alleged fraud in any manner. It is next argued that the applicant is friend of co-accused Vinay Tomar and did some money transaction with him and due to this reason he became suspect and the investigating officer submitted charge sheet against him. No case is made out against the applicant under the aforesaid section. The applicant has no criminal history and the entire prosecution story is false, fabricated and concocted. Hence bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the aforesaid fact. 5. Considering all those 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 facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Deepak Chauhan, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 20.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad