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2025 DAILYLAW 105528 (ALL)

NAVED AJAS SAYYAD v. State of UP

BAIL/41361/2024 · 2025-03-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50514 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41361 of 2024 Applicant :- Naved Ajas Sayyad Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Srivastava,Shweta Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri A. K. Srivastava, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State Respondent and perused the record. The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 68 of 2024 for offence punishable under Sections 318(4), 338, 340(2), 61(2) of the B.N.S., 2023 and Section 66-D of the Information Technology Act, registered at Police Station Cyber Crime, District Meerut, during pendency of the trial. Brief facts of the case are that the first information report dated 22.09.2024 has been lodged against one unknown person after five days of the incident alleging that first informant received a call on his mobile and at the instance of caller, on 18.09.2024 the informant deposited Rs. 3,80,000/- and Rs. 5,00,000/-, on 20.09.2024 the informant deposited Rs. 90,00,000/-, on 21.09.2024 the informant deposited Rs. 45,00,000/- and Rs. 30,00,000/- in the different Bank Account of the Caller as mentioned in the FIR. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. It is further submitted that the FIR has been lodged after some delay of which no explanation has been submitted. He submits that the accused-applicant has not threatened the first informant to arrest and transfer certain amount in the accounts. It is further submitted that the Bank Account in which the aforesaid transactions have been made is not in the name of the applicant as such, the applicant has no connection in this crime. The applicant has not received any penny from the alleged transaction and is not a beneficiary thereof. He submits that the name of the applicant surfaced in the confessional statement of co-accused Neelesh Balkrishna Salvi. He has next argued that the applicant has no previous criminal history and if the applicant is released on bail, he shall not misuse the liberty of bail. He is languishing in jail since 27.09.2024. Per contra, learned A.G.A. has supported the order passed by the Sessions Court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature and the delay in lodging the F.I.R. cannot be said to be fatal to the case at this juncture while considering the application of bail. But he could not point out any material to the contrary. He submits that an amount of Rs. 4,99,550/- has been transferred on 20.09.2024 in the bank account of the accused- applicant and the said amount was withdrawn by the accused applicant on the same day, which clearly indicates that the accused applicant is actively involved in the aforesaid crime. He, however, submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with. This Court finds that in India, the rapid advancement of technology and the widespread adoption of digital infrastructure have led to a significant rise in cyber-crimes including phishing scams, ransomware attacks, cyber-stalking and data breaches. Initiatives like Digital India have accelerated the country's' digital transformation, but they have also exposed vulnerabilities that cyber-criminals exploit. Cyber-crime has been affecting the people across the nation, irrespective of religion, region, education or class. Newspapers, Magazines, You Tube Channels and Social Media are brimming with ordeals of an uncountable number of innocent victim of the cyber-crime, who are defrauded of their hard earned money. Such cyber-crimes are rampant in our society, and must be curbed. Cyber-crime in our country is like a silent virus stealthy, disruptive, and costing society more than just money, but trust, security and progress. In view of the above, the Court is not inclined to release the applicant on bail. The bail application is, accordingly, rejected. Order Date :- 7.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad