VIJAY PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/1940/2025 · 2025-12-08
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186753 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186753 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1940 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No. 79 of 2025 under Section 319(2), 318(4),317(2), 3(5), 61(2), 338, 339, 340(2) BNS and Section 43/66, 66-C, 66-D, 66-E of I.T. Act, Police Station Laliya, District Balrampur. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that the named accused persons, according to the information given by the police informer, had committed online fraud. Learned counsel for the applicant submits that the applicant is innocent and has no criminal antecedents. It is contended that there is no material with the prosecuting agency against the present applicant. The applicant is 28 years old and is not at flight risk. He is ready to cooperate in the investigation. It is further submitted that the co-accused have already been granted regular bail and the alleged offence is triable by a Magistrate. He further submits that co-accused persons namely Suspier, Golu Kumar, Dharmendra Singh, Lavkush Verma, Saurabh Kumar, Nirmal Kumar, Himanshu Mishra, Jay Prakash Yadav, Vineet Mishra, Rahul Mishra, Abulash @ Abul Lash, Bhusan Kumar Chaudhary, Pradeep Kumar Singh have been granted regular bail by this Court vide orders dated 20.11.2025, 20.11.2025, 20.11.2025, 20.11.2025,20.11.2025, 14.11.2025, 14.11.2025, 20.11.2025, 14.11.2025, Versus Counsel for Applicant(s) : Dinesh Kr. Chaudhary Counsel for Opposite Party(s) : G.A. Vijay Prakash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
11.11.2025,14.11.2025, 20.11.2025, 25.11.2025 respectively. Learned A.G.A. has opposed the bail application and submitted that the applicant, along with the co-accused, has committed online fraud. However, at this stage, he could not point out any specific material against the present applicant to establish his complicity. Perused the record.
On due consideration of the facts that the applicant has no criminal antecedents and that prima facie no specific role has been assigned to him in the prosecution case at this stage; the bail orders of the co- accused persons named above, who have been granted regular bail by this Court; and also considering that the alleged offence is triable by a Magistrate, and in view of the undertaking given on behalf of the applicant to cooperate with the investigation, I am of the opinion that the applicant deserves to be released on anticipatory bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi), (2020) 5 SCC 1, subject to his continued cooperation in the investigation In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. December 8, 2025 Madhu D.R/P.S NABAIL No. 1940 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench