Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2818 of 2025 Applicant :- Vivek Kumar @ Jatin Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Arvind Mishra, Advocate, holding brief, appears for the applicant and submits that the accused/applicant has been implicated in Case Crime No. 360 of 2024, under Sections 318(4), 338, 336(3), 340(2), 3(5) of of B.N.S., and Section 66D of I.T. Act, Police Station Cyber Crime, District Ghaziabad. 2. Learned counsel for the accused-applicant submits that the accused-applicant has been falsely implicated in present case by the cyber crime police, wherein allegation made against the applicant is that he along with co-accused used to take out the cheque from the drop box of the bank and after clearing the name of the beneficiary put his name to get amount credited in his account. The incriminating cheque which has allegedly been used by the accused has not been recovered. The other article which has been recovered at the instance of the accused has not been made in the presence of the independent witness. The accused-applicant is languishing in jail since 29.12.2024. The charge sheet has been submitted. The criminal history of two cases shown against the applicant is also of cyber crime wherein accused applicant is on bail. As such the accused/applicant be enlarged on bail. 3. Learned A.G.A. has opposed the prayer for bail and submitted that the accused-applicant is a habitual offender, who is indulge in the cyber crime. As such bail should be denied to the accused. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The record prima facie, reveals that the arrest and recovery made from the accused is in absence of independent witnesses. The incriminating cheque which is allegedly being misused by the accused has reportedly not been recovered. The charge-sheet has been submitted against the accused. The applicant is in jail since December, 2024. 6. Hence, without touching merit of the case, the bail application is allowed. 7. The accused/applicant -Vivek Kumar @ Jatin Gupta be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 8.7.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad