HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42426 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri Sanjay Srivastava, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State and perused the record. The instant second bail application on behalf of the applicant has been filed seeking enlargement on bail in Case Crime No. 251 of2024 for offences punishable under Sections 420, 406, 467, 468, 471 of IPC and Section 66-D of I. T. Act, registered at Police Station Pilkhuwa, District Hapur during the pendnecy of trial. The first bail application was rejected by this Court vide order dated 19.02.2025 and the applicant is languishing in jail since 02.06.2025. Learned counsel for the applicant has argued that the applicant has not been nominated in the FIR. The FIR has been lodged against three unknown persons with a delay of 2 months and 15 days. No explanation has been given for the delay in lodging the FIR. No money or document of any kind has been recovered from the possession of the accused applicant. The applicant has not received any money from the informant. The money alleged to be received, has been received from the Customs Department, Delhi and a women named Mercy and not the applicant. No offence is made out against the applicant. The applicant has been falsely implicated on the basis of suspicion of the Mukhbir Khas and being a Nigerian national. It is also argued that the co-accused Peetar alias David has been granted bail by Co-ordinate Bench of this Court vide order dated Versus Counsel for Applicant(s) : Ajay Kumar Srivastava, Sanjay Srivastava Counsel for Opposite Party(s): G.A. Mycale Deno Adex .....Applicant(s) State of U.P. .....Opposite Party(s) 11.04.2025 passed in Criminal Misc. Bail Application No. 35428 of 2024 and the applicant is also entitled to be released on bail on the ground of parity. The co-accused Mercy Kath, who is the wife of the applicant has also been released on bail. Learned counsel for the applicant while pressing the second bail plea has further submitted that the applicant is incarcerated in jail since 02.06.2024 and charge sheet against the applicant and other co- accused persons was filed on 24.08.2024 and cognizance has been taken by the Court concerned on 28.07.2024. Thereafter, the case was fixed for framing of charge but till today the charges have not been framed against the applicant as is evident from the order sheet of the proceedings brought on record by way of supplementary affidavit. It has been argued that the trial is unnecessarily being delayed and hence the applicant be released on bail. Per contra, Sri Rajesh Kumar Singh, learned AGA has vehemently opposed the second bail plea by submitting that complicity of the applicant on the commission of the crime stands established from the materials collected during the investigation and the delay in the trial is attributable to the applicant and the co-accused persons and in such view of the matter no indulgence is warranted from this Court. The bail plea be rejected outright. I have heard the learned counsel for the parties and have also perused the record as also the order sheet of the proceedings brought on record. The applicant along with the co-accused persons has been accused of defrauding innocent Indian citizens by befriending them and posing as Nigerian National coming to visit India and bringing expensive gifts and foreign currency and them duping them of huge money in the name of custom fee etc. for clearing the gift item and currency by posing as Custom Officials. In the instant case, a sum of Rs. 1,45,000/- is alleged to have been fraudulently obtained from the first informant and fake receipt of the said amount issued in the name of Custom Department, Delhi. As regard the delay in trial the court finds that cognizance of the charge sheet by the court concerned was taken on 28.07.2024 co- accused Mercy Kath was released on bail from the police station BAIL No. 42426 of 2025 2 itself. Co-accused Peetar @ David has been granted bail by Co- ordinate Bench of this court vide order dated 11.04.2025. The order sheet of the proceedings reveal that the case is pending for framing of charge. However, the co-accused Mercy (wife of applicant) has been evading the proceedings and not appearing in the case despite NBW issued against her since 24.09.2024. She has travelled to Allahabad to swear the affidavit of the bail application and supplementary affidavit but is not appearing in the case before the trial court. Likewise, the Co-accused Peetar @ David after his release has been avoiding the proceedings. The applicant and other co- accused persons are not cooperating in the trial. In such view of the matter the Court is not inclined to released the applicant on bail. The second bail application of the applicant is, accordingly, rejected. February 24, 2026 pks BAIL No. 42426 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad