HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8863 of 2025 Court No. - 67 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant. By means of this bail application, applicant Kamlesh Kirar Alias Bunty, who is involved in Case Crime No. 0030 of 2023, under Sections 420, 467, 468, 471, 411, 120B IPC and Sections 66, 66C, 66D of I.T. Act, police station Cyber Crime, district Varanasi, seeks enlargement on bail during the pendency of trial. As per prosecution case in brief, complainant Shambhawna Tripathi got an F.I.R. lodged on 18.12.2023 for the offence under Sections 420 IPC and Section 66 I.T. Act against unknown person stating inter alia that by committing cyber crime, a sum of Rs. 39,15,816/- has been extracted from her. It is argued by learned counsel for the applicant that the applicant is not named in the F.I.R. During investigation, complicity of the applicant and other co-accused, namely, Jitendra Ahirwar, Ramlakhan Meena, Amol Singh, Sanjay Meena, Nikky Jat and Sonu Sharma came into light, who were also alleged to be involved in the said cyber crime. Much emphasis has been given by contending that no amount has been credited in the account of the applicant Kamlesh Kirar @ Bunty. The other co-accused Jitendra Ahirwar, Ramlakhan Meena, Amol Singh, Sanjay Meena, Nikky Jat and Sonu Sharma, Versus Counsel for Applicant(s) : Saket Pandey, Saurabh Kumar Counsel for Opposite Party(s) : Amit Singh, G.A., Sunil Kumar Singh Kamlesh Kirar Alias Bunty .....Applicant(s) State of U.P. .....Opposite Party(s) whose complicity came into light alongwith the applicant, have been granted bail by the coordinate Bench of this Court vide orders dated 21.03.2025 and 24.02.2025 in Criminal Misc. Bail Application Nos. 45970 of 2024, 41494 of 2024, 39893 of 2024, 39895 of 2024, 42101 of 2024 and 41331 of 2024 and hence the applicant is also entitled for bail on the ground of parity. The applicant does not have any criminal antecedent to his credit. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 21.08.2024 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant but did not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that co-accused Jitendra Ahirwar, Ramlakhan Meena, Amol Singh, Sanjay Meena, Nikky Jat and Sonu Sharma under similar accusation have been granted bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the accusation, severity of punishment, evidence, complicity of the accused, this Court is of the opinion that the applicant has made out a case for bail on the ground of parity. Hence, the bail application is hereby allowed. Let the applicant Kamlesh Kirar Alias Bunty be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any BAIL No. 8863 of 2025 2 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 4, 2025 Shubham BAIL No. 8863 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad