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2025 DAILYLAW 10569 (ALL)

RAJ KUMAR ALIAS RAJSAGAR ALIAS CHOTU v. STATE OF U.P.

BAIL/2233/2025 · 2025-05-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83137 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2233 of 2025 Applicant :- Raj Kumar Alias Rajsagar Alias Chotu Opposite Party :- State of U.P. Counsel for Applicant :- Aman Arya,Gyanendra Kumar,Hari Keshav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary counter affidavit filed in the Court today is taken on record. Heard Sri Aman Arya, learned counsel for the applicant, Sri Arimardan Yadav, learned A.G.A. for the State and perused the material on record. The present bail application has been filed on behalf of applicant, Raj Kumar Alias Rajsagar Alias Chotu, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, with a prayer to release him on bail in Case Crime No. 36 of 2024 for offence punishable under Sections 420, 411 of the I.P.C. and Section 66C, 66D of Information Technology (Amendment) Act, 2008 registered at Police Station- Cyber Crime, District- Varanasi, during pendency of the trial. In the prosecution case, it is alleged that the informant lost Rs. 27, 50,000/- in a financial fraud by being manipulated by a group of investment team, namely, Wells Investment Team. The said team lured the informant into profitable foreign investment with instant return. In order to get the money invested for instant return, the informant deposited certain amounts in different bank accounts as and when told by the said team. Learned counsel for the applicant submits that the FIR has been lodged after seven months of the incident. The offence is triable by magistrate. The applicant has been falsely implicated. The applicant is languishing in jail since 29.10.2024. He has criminal antecedents of two cases and the same are duly explained in para 12 of the affidavit filed in support of the bail application. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 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. 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 :- 7.5.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad