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2025 DAILYLAW 2522 (ALL)

SUNIL RALIYA v. STATE OF U.P.

BAIL/29967/2025 · 2026-02-25

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29967 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Chandra Prakash Pandey, learned counsel for the applicant, Shri Shashank Singh, learned Brief Holder for the State and perused the records. The instant bail application has been filed seeking enlargement on bail in Case Crime No. 1 of 2025, under Sections 318 (4), 61 (2) of BNS and Section 66D of I.T. Act, Police Station Cyber Crime Kannauj, District Kannauj, during the pendency of the trial before the Court below. The bail application in the Court below has been rejected by the learned Sessions Judge, Kannauj vide order dated 18.8.2024 and the applicant has been languishing in jail since 26.7.2025. Learned counsel for the applicant while pressing the bail plea has vehemently submitted that the applicant is innocent and has been falsely implicated in this very case crime number for ulterior motives. The FIR has been lodged nominating the holder of WhatsApp No. 7409187883 and one Haider Ali Sarkar. The applicant has not been nominated. The FIR was lodged with the allegation that the informant was contacted by WhatsApp No. 7409187883 offering him part time job and was added to a telegram group. The informant was asked to deposit a sum of Rs.5,000/- into HDFC Bank Account Number 50200022538280, IFSC- HDFC0002337, as fee. The informant on further instructions deposited a sum of Rs.31,000/- and Rs.1,21,000/- through UPI to Sunil Raliya3928@oksbi and abhi769182-1okaxis, respectively. Rs.5,000/- was Versus Counsel for Applicant(s) : Chandra Prakash Pandey, Mahender, Rochak Tripathi Counsel for Opposite Party(s) : G.A. Sunil Raliya .....Applicant(s) State of U.P. .....Opposite Party(s) refunded to the informant but remaining amount was frozen and Rs.2,00,000/- was demanded to unfreeze it which also the informant deposited. Later on, a further sum of Rs.3,00,000/- was demanded from the informant to improve his credit score whereafter, he realized that cyber fraud had been committed. Learned counsel for the applicant has argued that applicant was not named in the FIR nor named in the statement of the informant. The name of the applicant has surfaced in the confessional statement of co-accused Rohan Loat who is a beneficiary of the cyber fraud. It is argued that apart from the statement of the co- accused there is no other evidence to implicate the applicant in the commission of crime. It is also argued that the applicant undertakes to cooperate in the trial and shall not misuse the liberty of bail. Hence, bail has been prayed for. Per contra, learned AGA has vehemently opposed the bail plea by submitting that the complicity of the applicant in the commission of the crime stands established by the investigation. It is accordingly prayed that the bail application warrants outright rejection. Having heard the learned counsel for the parties and having perused the records, the Court finds that the applicant is the beneficiary of the cyber fraud. He has criminal antecedents of 11 cases and is a flight risk. This Court is not inclined to release the applicant on bail. Accordingly, the bail application is rejected. February 26, 2026 Vinod. BAIL No. 29967 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad