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Neutral Citation No. - 2025:AHC:109002 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4720 of 2025 Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Shahi,Vinayak Varma Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. The present bail application has been moved by the applicant-accused Ajay Kumar for the offence punishable under Sections 318(4), 316, 3(5), 338, 336(3), 340(D) of B.N.S. and Section 66-D of Information Technology (Amendment) Act, 2008, in Case Crime No. 285 of 2024, Police Station- Cyber Crime, District- Ghaziabad. 2. Mr. Kamal Krishna, Senior Advocate assisted by Sri Vinayak Verma, learned advocate, appears on behalf of applicant and submits that accused-applicant, who is languishing in jail since 05.11.2024 has no role in the present FIR, which has been registered against a mobile number and an accounts number, as neither the account number nor mobile number is of the accused-applicant, who is merely a website developer and has developed a website named as www.tmtsariasupplier.in and transferred it to Sanjeev Kumar, who in turn has transferred the website to Sri Rohit Shaw. The account number, which is shown in the FIR is of Rohit Shaw, whereas, the mobile number is of Ms. Pooja Kaur. The allegation made in the FIR is that the informant has transferred mnearly Rs. 15 lacs through website in the account number shown in the FIR for the supply of saria (steel). The content in the FIR is that the saria (steel) has not been supplied in lieu of the money paid by the informant. It is further argued that the accused applicant is only technical person who has no role in the present case but languishing in jail. The charge sheet has been submitted. The accused- applicant has no criminal history. 3. Per contra, learned AGA opposed the bail and submits that the charge sheet has been submitted in the matter. The money, which is transacted to the account mentioned in the website developed by the accused/applicant and there is no supply of saria (steel) to the informant, which lead to the lodging of the FIR and during investigation name of accused-applicant has figured out. 4. This Court has taken into consideration the rival submissions made by the parties and perused the record. 5.
Prima facie the record reveals that the charge sheet has been submitted in the matter against the accused-applicant. The accused-applicant is shown as technical person who has developed the website, wherein the mobile number and account number mentioned has been provided by the other co-accused and entered in the website. The matter is triable by magistrate. The accused-applicant is languishing in jail since 05.11.2024. 6. Without touching the merit of the case, this bail application is allowed. 7. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 9.7.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad