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2025 DAILYLAW 188188 (ALL)

KULDEEP SINGH v. STATE OF U.P.

BAIL/42405/2024 · 2025-01-15

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Judgment text

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Neutral Citation No. - 2025:AHC:11755 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42405 of 2024 Applicant :- Kuldeep Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. This bail application under Section 439 of Cr.P.C. has been moved on behalf of accused-applicant, Kuldeep Singh, seeking enlargement on bail in Case Crime No. 70 of 2024, under Sections 420, 467, 468, 471, 120-B, 201 I.P.C. and section 66/66-D of Information Technology Act, Police Station Cyber Crime Noida, District Gautam Buddha Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 15.10.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant further contends that incident has taken place on 17.06.2024 and F.I.R. has been lodged on 10.07.2024 after 23 days without any proper explanation regarding delay. Applicant is not named in the F.I.R. Applicant has never prepared any forged documents nor used it. No money has been received by the applicant in his accounts. Except the confessional statement of the applicant, there is no allegation found against the applicant, hence he is entitled to be released on bail. Learned AGA has vehemently opposed the prayer for bail by submitting that from the evidences collected during investigation including his CDR, CAF as well as bank accounts, the involvement of applicant in commission of alleged crime has been established, which shows that applicant by committing such cyber crime has obtained Rs. 1.97 Crores, and if such type of accused shall be released on bail, it will promote cyber crime, accordingly, he is not entitled to be released on bail. I have heard learned counsel for the applicant, learned AGA for the State and perused the record. Perusal of the record reveals that at first instance applicant was involved in committing alleged cyber crime. The CDR, CAF as well as bank accounts have also reveals that a huge amount of money has been received by the applicant in his accounts. Offences of the kind that have a tendency to promote cyber crimes have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the society. In view of above, the Court is not inclined to enlarge the applicant on bail. The bail application lacks merit and is accordingly rejected. Order Date :- 16.1.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad