Neutral Citation No. - 2025:AHC:86479 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10730 of 2025 Applicant :- Shubham Vashishtha Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Rejoinder affidavit filed today, which is taken on record. 2. Heard Shri Vidya Prakash Singh, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State- respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Shubham Vashishtha, seeking enlargement on bail in Case Crime No. 332 of 2024, under Sections 318 (4), 338, 336 (3), 340 (2) 3 (5), 204, 308 (2), 351 (4) BNS & Section 66D I.T. Act, Police Station Cyber Crime, District Ghaziabad. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 15.12.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicant submits that the applicant is not named in the FIR, his name has surfaced during course of investigation in the statement of co-accused Pradeep Yadav. The applicant is little educated and having no knowledge about computer and internet services, therefore, the allegations leveled in the confessional statement of co-accused Pradeep Yadav is totally unbelievable and not reliable. No incriminating article as well as any amount as alleged has been recovered from the possession of the applicant and the recovery of one mobile has been shown against the applicant is planted by the police. There is no independent witnesses of the alleged recovery and, therefore, the allegations and recovery shown against the applicant is totally bogus and concocted. After completing investigation, the investigating officer has submitted charge sheet on 06.03.2025 against the applicant. It is argued that one bank A/c No. 711210110011665 has been shown against the applicant and co- accused Pradeep Yadav in which money was deposited, in fact the said bank account was neither belongs to the applicant, nor any amount was transferred in the applicant's bank account, therefore, the applicant is not at all beneficiary in the present offence. The chat shown against the applicant with the co-accused Pradeep Yadav is totally false and fabricated, if fact, applicant's real mobile No. is 9911077664 and mobile number shown in the call details is different and thus, the allegation of chat is totally false and all the entire allegation made in the FIR is totally false and concocted. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Shubham Vashishtha, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 20.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad