SANJAY YADAV ALIAS SANJAY CHANDRA DEV YADAV v. STATE OF U.P.
BAIL/5105/2025 · 2025-07-27
Avnish Saxena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18130 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18130 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:124082 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5105 of 2025 Applicant :- Sanjay Yadav Alias Sanjay Chandra Dev Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Saxena,Sudhakar Yadav Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. Sri Rahul Saxena, Advocate appears on behalf of applicant filed supplementary affidavit, the same is taken on record. 2. The present bail application has been moved by the applicant- accused Sanjay Yadav Alias Sanjay Chandra Dev Yadav for the offence punishable under Sections 308(2), 318(2), 318(4), 338, 336(3), 340(2), 317(2), 61(2) B.N.S. & Section 66-D of I.T.Act, in Case Crime No. 124 of 2024, Police Station-Cyber Crime, District Varanasi. 2. Mr. Rahul Saxena, learned advocate, appears on behalf of applicant and submits that accused-applicant has been falsely implicated in the present case, wherein the FIR has been registered against the anonymous person and there is a role of 'Reki ' implicit on the accused-applicant and co-accused Harsh Mishra that they have informed the cyber fraudster that the informant is having huge sum of money in his possession, which led to cyber fraud. It is further submitted that co-accused Harsh Mishra, who is having the same role has been granted bail by the co-ordinate Bench of this Court. The mobile phone has been recovered from the possession of accused-applicant, which has not been connected in the present crime. There is no criminal history to the credit of accused-applicant. The charge sheet has been submitted in the matter against the accused-applicant. The name of the accused- applicant has been figured out from the statement of co-accused. The accused-applicant is in jail since December, 2024. 3. Per contra, learned AGA has opposed the prayer for bail and submits that the charge sheet has been submitted against the accused-applicant. Though concedes that other co-accused have been granted bail by the coordinate Bench of this Court. The charge sheet has been submitted in the matter. 4. Taken into consideration the rival submissions made by the parties and perused the record. 5. The perusal of the record reveals that the accused-applicant is not named in the FIR. The police has registered the FIR against anonymous person by the informant stating that he and his wife were digitally arrest and made to transfer Rs. 98 Lakhs.
The role scribe to the accused-applicant is of providing information to the cyber fraudster that the informant is having money with him. The charge sheet is submitted. Without touching the merit of the case, this bail application is allowed. 6. 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 :- 28.7.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad