Neutral Citation No. - 2025:AHC:15457 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43817 of 2024 Applicant :- Sumit Kumar Rawat Opposite Party :- State of U.P. Counsel for Applicant :- Jeetendra Singh,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Rejoinder affidavit filed in the Court today is taken on record. Heard Sri Chandan Sharma, learned counsel for the applicant, Sri Rajesh Kumar Srivastava, learned A.G.A. for the State and perused the material on record. The present bail application has been filed on behalf of applicant, Sumit Kumar Rawat, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, with a prayer to release him on bail in Case Crime No. 359 of 2024 for offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5) of the Bharatiya Nayay Sanhita (B.N.S.), 2023 and Section 66(D) of Information Technology (Amendment) Act, 2008 registered at Police Station- Kaushambi, District- Ghazipur, during pendency of the trial. The prosecution case as is borne out from the FIR dated 05.09.2024 is that the informant received a call on her number on 12.08.2024 from phone no. 8745827635 regarding expiry of her policy in HDFC Life Insurance. Again she received another call from his associate's phone number 8929164474. Both of them told her that her policy was going to be automatically cancelled. After these calls, she transferred Rs. 400000/- from her three different accounts via google pay and paytm and fake receipt was received on whatsapp. Learned counsel for the applicant submits that the applicant is not named in the FIR. The offence is triable by magistrate. The applicant has been falsely implicated. The applicant is languishing in jail since 13.09.2024. He has explained his criminal history in rejoinder affidavit and bail orders of the same are annexed as Annexure-3 to the rejoinder affidavit. He next submits that chargesheet has also been submitted by the Investigating Officer. 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 :- 27.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad