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2025 DAILYLAW 160121 (ALL)

JASWANT SHARMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8008/2025 · 2025-08-26

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8008 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Anurag Kumar Singh, learned counsel for the applicant, Shri Vishwas Sharaswat, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.562 of 2023 under Sections 419/420/467/468/471/409 of I.P.C. and Section 66 of I.T. Act registered at Police Station- Kotwali Nagar, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.10.2023 against an unknown person stating that Rs.3,25,22,713/- were transferred from the bank account of Nagar Palika Parishad, Raibareli by committing cyber fraud and the amount was transferred to the bank accounts of some firms. 4. During investigation, it transpired that forged digital signatures of authorities of Nagar Palika Parishad were created and for creation of those digital signatures, an e-mail address was used which mentioned the mobile number of the applicant. The applicant claims that this mobile phone was used by his brother. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. Learned counsel for the applicant has submitted that the entire amount has been refunded to Nagar Palika Parishad, Raebareli and the applicant had not received any benefit out of commission of the Versus Counsel for Applicant(s) : Anurag Kumar Singh, Maninder Singh Counsel for Opposite Party(s): G.A. Jaswant Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) offence. 7. Learned A.G.A. has vehemently opposed the bail application and he has submitted that investigation in the present case is still going on. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR; that the applicant has been implicated in the present case merely because his mobile number was mentioned in the e-mail ID used for creation of false digital signatures and there is no allegation of commission of overt act by the applicant, 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 case. 9. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Jaswant Sharma 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. August 26, 2025 -Amit K- BAIL No. 8008 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench