Neutral Citation No. - 2025:AHC:90366 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7789 of 2023 Applicant :- Vikash Tiwari @ Vikki Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh Sengar,Akhilesh Kumar Vishwakarma,Anil Kumar Singh,Mukesh Kumar Pandey,Ranjeet Singh,Saral Singh,Thakur Prasad Dubey,Vijay Singh Sengar Counsel for Opposite Party :- Akhilesh Kumar Singh,G.A.,Jitendra Kumar Mishra,Sanjeev Kumar Singh Hon'ble Ram Manohar Narayan Mishra,J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Ajay Singh, Sengar, learned counsel for the applicant, Sri Akhilesh Kumar Singh, learned counsel for the first informant and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 3. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Vikash Tiwari @ Vikki, seeking enlargement on bail in Case Crime No.487 of 2022, under Sections 411, 419, 420, 467, 468 and 471 I.P.C. and 66 I.T. (Amendment) Act, Police Station Ajeetmal, District Auraiya. 4. Learned counsel for the applicant submitted that according to the F.I.R. version, Mohit Singh, the informant lodged an F.I.R. on 10.10.2022 against the present applicant, co-accused Shivam Tiwari and Piyush Porwal with the allegation that on the pretext of maturing his policies they got Rs.38 lakh, 91 thousand and Rs.1950/- transferred through internet bank from his account. When no proceedings were done with regard to maturity of policy, he was apprised of cyber fraud. 5. It is next submitted that the offence relates to the monetary transaction and compromise has been effected between the informant and the accused applicant. Smt. Susheela, mother of the informant has filed an affidavit in support of compromise. He next submitted that from perusal of the affidavit, it appears that family members of the applicant paid Rs.3,00,000/- to the informant and undertake that Rs.3,00,000/- will be paid within three months to the informant after release of the applicant from jail and rest amount Rs.8,00,000/- will be paid upto December, 2026. The applicant is in jail since 04.11.2022. Paras 3, 4 and 5 of the supplementary affidavit reads as under:- "3. That the family member of the applicant pay Rs 3,00,000/- (three lacs) to the informant i.e. Rs.1,00,000/- on 24.04.2024, 1,50,000/- on 09.05.2025 and 50,000/- on 12.05.2025 to the informant. 4. That the family of the applicant pay Rs 3,00,000/- within 3 months to the informant after release the applicant from jail. 5. That the rest amount about 8,00,000/- Lacs the applicant pay to the informant upto December 2026" In view of the compromise, the informant does not want to to oppose prayer for bail of the applicant. Considering all above 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, Vikash Tiwari @ Vikki, 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 :- 27.5.2025/Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad