RUPESH SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME AND ANOTHER
BAIL/3100/2025 · 2025-08-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133567 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133567 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46766 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3100 of 2025 Applicant :- Rupesh Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Another Counsel for Applicant :- Punit Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Punit Kumar Yadav, learned counsel for the applicant, Smt. Shikha Sinha, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in F.I.R./Case Crime No.0057 of 2025, under Sections 318(4)/319(2)/336(3)/340(2) B.N.S. & Sections 66 of Information Technology (Amendment) Act, 2008, registered at Police Station Vibhuti Khand, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.02.2025, against three persons including the applicant, stating that on the basis of an information received from Mukhbeer, police raided a call center where 22 persons were working. Those persons told that the applicant is the owner of the call center. The applicant could not produce any documents regarding call center but he stated that he was illegally running the call center under the instructions of another two co-accused persons namely Abhishek Pandey and Raunak Tripathi. Those persons provide him data relating to some clients from U.S.A. He feeds the same in a computer and thereafter, the persons working in the call center make phone calls. In case any person shows his interest, his call is
transferred to two companies of U.S.A.
4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 5. Learned counsel for the applicant has submitted that both the other named co-accused persons have filed Criminal Misc. Writ Petition Nos.2948 of 2025 and 2481 of 2025 and in both of the cases, interim orders have been passed on 11.04.2025 and
27.03.2025. 6. Learned A.G.A.-I has opposed the bail application and she has submitted that allegations have been established in the investigation and thereafter, charge sheet has been submitted. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the F.I.R. allegations, no documents could be collected connecting the applicant with the call center and he has been implicated on the basis of his own custodial confessional statement; all the other co-accused persons have already been granted interim protection by the division Benches of this Court; the applicant has no criminal history and he is in jail since 16.02.2025 and the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Rupesh Singh be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Order Date :- 8.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench