Neutral Citation No. - 2025:AHC:93984 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4512 of 2025 Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Gagan Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard Sri Atul Kuamr, advocate holding brief of Sri Gagan Pratap Singh, learned counsel for the applicant, Sri Rajeev Kumar Singh, learned A.G.A. for the State-respondent and perused the material available on record. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 136 of 2024, under Sections 319(2), 318(4), 338, 336(3), 340(2), 3(5) B.N.S. and Section 66-D I.T. Act, at Police Station Cyber Crime, District Agra. As per prosecution version, informant namely Vinay Sharma lodged the FIR on 04.10.2024 with an averments that the a cyber fraud has been committed with the victim by some unknown persons. The victim was connected via whatsApp by unknown persons, who invited them to join a new group on the platform. In this group, the fraudsters presented an IPO offer for a company named Manba. The victim agreed to the offer based on the fraudulent assurances provided. The fraudsters shared a link on whatsApp, asking the victim to download an application that was required to process the IPO allotment. This application was not listed on the Google play store and the victim download it from a third party link. After downloading the application, the victim was asked to complete the KYC process with in the App. Once the KYC process was completed, the fraudsters asked the victim to deposit money into various accounts shown in the application, with the account number changing after every deposit. The victim deposited a total amount of 18.5 lacs. When the victim tried to withdraw the money they were unable to do so. Learned counsel for the applicant submits that the police investigated the case and collected the money deposited by the victim/informant in various account provided by unknown fraudsters. During investigation, applicant and four co-accused were arrested by the police. From the possession of the applicant the police recovered one OPPO and Samsung Mobiles, PAN Card, two ATM cards. He further submitted that there is no evidence on record that any amount deposited by the informant at the instance of fraudsters was transferred into the account of the applicant. The applicant has been falsely implicated in this case. It is further submitted that co-accused Ashvini Pal has already been granted bail by this Court vide order dated 21.05.2025 passed in Criminal Misc. Bail Application no.1402 of 2025. Applicant is in jail since 01.12.2024. Learned A.G.A. has vehemently opposed the prayer for bail. In light of the foregoing discussions and considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant- Imran be released on bail in the aforesaid case crime number on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 30.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad