HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 7980 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; learned counsel for the first informant, learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant, Mohammad Zaid with a prayer to release him on bail in Case Crime No. 3 of 2025, under Sections 318(4), 316(2) of B.N.S., and Section 66D of I.T. Act, Police Station Cyber Crime, District- Meerut, during pendency of trial. 3. Learned counsel for the applicant states that he has no intention to file rejoinder affidavit in compliance of the order dated 11.08.2025. 4. Learned counsel for the applicant submits that he has not committed any offence and he has been falsely implicated in this case. Accused applicant is languishing in jail since 30.01.2025. It is submitted that the actual beneficiary of the fraud transaction is Km. Husna, who is sister of the applicant. It is further submitted that the account number of the Km. Husna is available on record. It is further submitted that the applicant is not the real beneficiary of the fraud transaction. It is argued that charge- sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. Submission is that the applicant has no criminal antecedents and there is no likelihood of his fleeing from course of justice or tampering with Versus Counsel for Applicant(s) : Ambreen Masroor, Sadaful Islam Jafri, Sushil Kumar Pandey Counsel for Opposite Party(s) : Chandra Bir Singh, G.A., Harsh Vardhan Singh Mohammad Zaid .....Applicant(s) State of U.P. .....Opposite Party(s) evidence in case of release on bail. Hence, bail has been prayed for. 5. Per contra, learned counsel for the informant as well as learned A.G.A. has opposed the prayer for bail of the applicant by contending that the mobile number of the accused was attached to the account number of Km. Husna. Thus, the applicant is the real beneficiary. The account No. 40670936796 is related to Km. Husna and the certificate issued by the Branch Manager of the SBI, Khalapur, District Muzaffarnagar. It is further submitted that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 6. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 7. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, BAIL No. 7980 of 2025 2 without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A I.P.C./209. B.N.S. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 24, 2025 Mini BAIL No. 7980 of 2025 3 (Santosh Rai,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad