Neutral Citation No. - 2025:AHC:89460 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6896 of 2025 Applicant :- Gurudatt Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Gupta,Raj Kishore Dubey Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Gurudatt Singh, seeking enlargement on bail in Case Crime No.246 of 2024, under Sections 420, 467, 468, 471, 34 I.P.C. and 66 D I.T. Act, Police Station Cyber Crime, District Ghaziabad. An F.I.R. was lodged at the instance of victim Rekha Singh on 21.08.2024 with the allegation that she had invested total Rs.29,90,000/- in the name of various firms. She succumbed to an online trading (Demat/Depository) scam/fraud. In para-10 of the F.I.R. it is stated that on 10.06.2024 the complainant invested an amount of Rs.7,60,000/- from her HDFC account to an account under the name of Gyan Singh Sons and Minerals'. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this very case crime number. The applicant is illiterate labourer, he used to serve tea and water and sweep in the office of Rohit. The account of the applicant was opened by Rohit. The complainant deposited the money in the account of the applicant at the instance of Rohit. He has not made any transaction from his account. It is further submitted that offence is triable by Magistrate. Chargesheet has been submitted in this case. The applicant is languishing in jail since 25.01.2025. 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 AGA has vehemently opposed the prayer for bail and submitted that accused applicant transferred the money to Rohit and said Rohit refused to give money in the account of complainant. Having heard the submissions of learned counsel for the parties, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 wherein the presumption of innocence and preference for bail over incarceration has been reaffirmed and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. Accordingly, the bail application is allowed. Let the accused-applicant, Gurudatt Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 5. The applicant shall re-transfer the amount of Rs. 60,000/- to the complainant as soon as the account is defreezed in accordance with law and will not withdraw the same in any manner whatsoever. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 26.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad