Neutral Citation No. - 2025:AHC:70573 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8818 of 2025 Applicant :- Mohd. Swaleh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Bhushan Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri M. B. N. Tripathi, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State respondents and perused the record. The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 162 of 2024 for offence punishable under Sections 318(4), 338, 336(3), 340(2) of the Bhartiya Nayay Sanhita, 2023 and Section 66 of the Information Technology Act, registered at Police Station Colonelganj, District Kanpur Nagar, during pendency of the trial. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. He further submits that the first information report dated 28.12.2024 has been lodged against the applicant and other co-accused persons. It is further submitted that charge-sheet has not been submitted and the investigation is still going on. He submits that there is no evidence that the applicant has made any financial transaction through his mobile. He further submits that the Police has not collected the CCTV Camera Footage in spite of the fact that the applicant and other co-accused were not present on the spot. He submits that there is no credible evidence to connect the applicant in the aforesaid case. He has next argued that the applicant has no previous criminal history and if the applicant is released on bail, he shall not misuse the liberty of bail. He is languishing in jail since 28.12.2024. Per contra, learned A.G.A. has supported the order passed by the Sessions Court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature. He, however, submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. He submits that the accused is a cyber criminal and he is usurping people's money by committing fraud through the internet. The investigation is still going on. Other evidence is yet to come from the investigation. From the perusal of FIR it reveals that the accused, by committing fraud through forged documents, has transferred money from people's accounts to his own and other accounts. The accused is a cyber criminal and is involved in the fraud of internet banking. It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with. This Court finds that in India, the rapid advancement of technology and the widespread adoption of digital infrastructure have led to a significant rise in cyber-crimes including phishing scams, ransomware attacks, cyber-stalking and data breaches. Initiatives like Digital India have accelerated the country's' digital transformation, but they have also exposed vulnerabilities that cyber-criminals exploit. Cyber-crime has been affecting the people across the nation, irrespective of religion, region, education or class. Newspapers, Magazines, You Tube Channels and Social Media are brimming with ordeals of an uncountable number of innocent victim of the cyber-crime, who are defrauded of their hard earned money. Such cyber-crimes are rampant in our society, and must be curbed. Cyber-crime in our country is like a silent virus stealthy, disruptive, and costing society more than just money, but trust, security and progress. In view of the above, the Court is not inclined to release the applicant on bail. The bail application is, accordingly, rejected. Order Date :- 2.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad