Neutral Citation No. - 2025:AHC:20390 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44378 of 2024 Applicant :- Prashant @ Puchchi Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Sawhney,Raju Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Counter affidavit, filed today, by the learned A.G.A. is taken on record. Heard learned counsel for the applicant and Shri Purshottam Maurya,, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Prashant @ Puchchi, seeking enlargement on bail in Case Crime No. 19 of 2024 under Sections 318 (4), 336, 338, 340 B.N.S. and Section 66 of I.T. Act, Police Station-Cyber Crime- Hapur, District-Hapur. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Applicant is languishing in jail since 08.10.2024. First Information Report has been lodged on 19.08.2024 against unknown person with the allegation that on 11.08.2024 the informant went to withdraw some money from H.D.F.C. Bank ATM where his A.T.M. card was got stuck after the transaction. Thereafter the applicant dialed Help Line Number 9837074345 printed on A.T.M. Phone was picked up by a person who told him that this is due to server problem and you leave the card in the machine and when the machine will be repaired the card shall be returned. After some time Rs. 1,06,300/- has been siphoned, from the account of the informant, in 11 transactions. Learned counsel for the applicant submits that the mobile number, alleged in the First Information Report, does not belong to the applicant. The applicant has been arrested only on the the basis of suspicion on the information of the informer. No identification parade was conducted. Criminal history of four cases, except the present one, has been explained in paragraph no. 17 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts even in the counter affidavit filed. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Prashant @ Puchchi, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 13.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad