Neutral Citation No. - 2025:AHC-LKO:5460 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9606 of 2024 Applicant :- Saurabh Babu Opposite Party :- State Of U.P. Thru. The Secy. Of Home Deptt. Lko Counsel for Applicant :- Piyush Shrivastava,Navneet Yadav,Prabhat Singh Rathour,Rohit Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State as well as perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in FIR No. 294 of 2024, under Sections 419, 420, 467, 468, 471, 506 and 120-B IPC and Section 66-D of the Information Technology Act, Police Station Sarojani Nagar, District Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant has been implicated on the ground that he had generated/prepared some application/website and that was provided to the 'Fans Capital Services' and, thereafter, the proprietors/owners of the 'Fans Capital Services' have committed some cheat and fraud, though, there is no direct link with the present applicant regarding any act or omission which is said to be done on the part of the proprietors or ownership of the 'Fans Capital Services'. He added that means rea is missing in the present case apparently; as the applicant had never used the application/website for committing cheat and fraud through his company, namely, 'Techno Set Up' and the police has also failed to collect any cogent piece of evidence against him. He further added that there are 8 cases criminal history, in respect to the same company, out of which, in 5 cases, he has been enlarged on bail. He also added that the applicant is a law abiding citizen and he is languishing in jail since 17.07.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and has submitted that the applicant is involved in committing the cheat and fraud by developing application/software for the company, namely, 'Fans Capital Services' and as such, he is not entitled for bail. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the applicant has only developed the application/software but there is no direct link of the involvement of the applicant in the case; meas rea is missing in the present case; the applicant had never used the generated application to his company, namely, Techno Set Up; there is no cogent piece of evidence against the applicant; 8 cases criminal history has been explained; the applicant is languishing in jail since 17.07.2024 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Saurabh Babu involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He 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 of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 27.1.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench