Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8560 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. The name of applicant No.2 i.e. Shubham @ Samrat S/o Sanjay stands deleted as it was the second bail application. Instant bail application is being pressed in respect of applicant No.1 i.e. Ajay S/o Ram Veer Singh only.
3. Heard Sri Sunil Vashisth, learned counsel for the applicant, Sri Amit Kumar Shukla, learned State Law Officer for the State and perused the material placed on record.
4. Applicant seeks bail in Case Crime No.44 of 2025, under Sections 127(2), 115(2), 351(2), 308(5), 296, 3(5) B.N.S. and Section 66-D of IT Act, Police Station-Madhuban, District-Bapudham, during the pendency of trial.
5. As per prosecution story, the applicant is stated to have duped the informant to the tune of Rs. 60,000/- by posing himself to be the authorized proprietor of the CRED App.
6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about 10 days and there is no explanation to the said delay caused. A case of personal transactions between the applicant and the informant has been converted into instant criminal case deliberately. There is no criminal history of the applicant. The applicant is languishing in jail since 01.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Sunil Vashisth Counsel for Opposite Party(s) : G.A. Ajay .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Learned A.G.A. has vehemently opposed the bail application.
8. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the the delay of 10 days in institution of FIR and the said transaction being made to the account of applicant and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
9. Let the applicant- Ajay, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
September 12, 2025 Karan BAIL No. 8560 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad