Neutral Citation No. - 2025:AHC:17409 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44099 of 2024 Applicant :- Heera Singh Dhanik Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed by learned counsel for the applicant, which is taken on record. 2. Heard Shri Rahul Saxena, learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-opposite party and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Heera Singh Dhanik, seeking enlargement on bail in Case Crime No. 93 of 2024, under Sections 319(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Cyber Crime, District Gautam Budh Nagar. 4. 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 1.10.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The incident has taken place on 2.05.2024 to 7.8.2024 and the F.I.R. has been lodged on 6.9.2024 without any plausible explanation regarding delay. As per the F.I.R. version, the applicant was not the group member on Whatsapp group, in the name and style of E- 101, Blackrock Stock Club and the first informant has deposited the amount on his own risk in the trading side. It is further submitted that matter has been compromised between the parties and compromise deed has been annexed as Annexure No. SA-1 to the Supplementary Affidavit. Hence, bail has been prayed for. 6. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedent. 7. 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 as well as matter has been compromised between the parties, without commenting on merit of case, a case for bail is made out. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Heera Singh Dhanik, 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. 10. 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 :- 6.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad