HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44835 of 2025 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Ashish Kumar Srivastava along with Ms. Ashruti Kesarwani, learned counsel for the applicant and Shri B.P. Singh, learned AGA for the State - respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No. 198 of 2025, under Sections 3(5), 318(4), 338, 336(3), 340(2) of B.N.S. and Section 66-D of I.T. Act, registered at Police Station Cyber Crime, District Ghaziabad, during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that co-accused Shubham Chauhan Alias Shubham Singh Chauhan has already been granted bail by this Court vide order dated 25.03.2026 passed in Criminal Misc. Bail Application No.4770 of 2026. It is further submitted that the role of the applicant is not distinguishable from the role of the co-accused. It is further submitted that on some confidential information, the police is said to have recovered some incriminating articles, like 11 mobiles phones, 4 cheque books, 8 A.T.M. cards and one bank passbook from the possession of the four accused persons, including the applicant. It is further submitted that no private complaint has been made by anyone. It is further submitted that the applicant is having no criminal history and the applicant is Versus Counsel for Applicant(s) : Ashish Kumar Srivastava, Ashruti Kesarwani Counsel for Opposite Party(s) : G.A. Hemendra Singh .....Applicant(s) State of U.P. .....Opposite Party(s) languishing in jail since 18.09.2025, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant and it has been submitted by him that various incriminating articles are said to have been recovered from the possession of the applicant and the applicant has confessed that the applicant and other co- accused persons indulged in cyber fraud. 5. Co-accused Shubham Chauhan Alias Shubham Singh Chauhan has already been granted bail by this Court vide order dated 25.03.2026 passed in Criminal Misc. Bail Application No.4770 of 2026. It is further submitted that the role of the applicant is not distinguishable from the role of the co-accused. It is further submitted that on some confidential information, the police is said to have recovered some incriminating articles, like 11 mobiles phones, 4 cheque books, 8 A.T.M. cards and one bank passbook from the possession of the four accused persons, including the applicant. It is further submitted that no private complaint has been made by anyone. It is further submitted that the applicant is having no criminal history and the applicant is languishing in jail since 18.09.2025. 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 7. In the event of arrest of the applicant- Hemendra Singh involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :- (i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. BAIL No. 44835 of 2025 2 (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) 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 351 of B.N.S.S. (iv) 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 the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. April 2, 2026 RKM BAIL No. 44835 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad