HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44170 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State, and learned counsel appearing for the informant. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 4 of 2025, under Sections 318(4), 319(2), 3(5), 238, 111(2)b B.N.S., 66C, 66D Information Technology Amendment Act, Police Station Cyber Crime, District Prayagraj during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The first alleged transaction from the bank account of the informant took place on 26.10.2024. Thereafter, multiple transactions had taken place. However, the first information report was lodged on 09.01.2025. Inordinate delay in lodging the first information report is fatal to the prosecution case. It is next contended that during the course of investigation, on the basis of CCTV footage, the name of one Pradeep Singh surfaced. The only allegation against the applicant Versus Counsel for Applicant(s) : Avinash Mani Tripathi, Jay Singh Yadav, Navnish Singh, Ram Kailash Yadav Counsel for Opposite Party(s) : G.A., Jitendra Kumar Pandey, Pankaj Dwivedi Karnal Singh .....Applicant(s) State of U.P. .....Opposite Party(s) is that he was in telephonic conversation with co-accused Pradeep Singh. No amount has been credited in the bank account of the applicant. The applicant is not a beneficiary of the illicit transactions. At this stage there is no corroborative evidence to link the applicant with the offence. Mere telephonic conversation, in absence of any substantive material, is insufficient to establish complicity. The case of the applicant is distinguishable from that of other co-accused. The applicant is in jail since 18.10.2025 and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. Learned A.G.A. submits that the applicant has criminal history of two cases, details whereof have been mentioned in Paragraph-4 of the counter affidavit. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the first information report has been lodged belatedly. The applicant was not named in the first information report. During the course of investigation, on the basis of CCTV footage, the name of one Pradeep Singh surfaced. The only allegation against the applicant is that he was in telephonic conversation with co-accused Pradeep Singh. Mere telephonic conversation, in absence of any substantive material, is insufficient to establish complicity. Moreover, the applicant has remained confined for more than five months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Karnal Singh, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: BAIL No. 44170 of 2025 2 (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. April 2, 2026 SKT/- BAIL No. 44170 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad