Neutral Citation No. - 2025:AHC:96031 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1636 of 2025 Applicant :- Devesh Gaur Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Pal,Shad Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri R. C. Pal, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State 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. 195 of 2024 for offence punishable under Sections 318(4), 338, 336(3), 340(2), 3(5) of B.N.S., 2023 and Section 66-D of the Information Technology Act, 2000 registered at Police Station Cyber Crime, District Ghaziabad, during pendency of the trial, after rejection of his bail application by Additional Sessions Judge, Court No. 15, Ghaziabad, vide order dated 20.12.2024. Brief facts of the case are that the first information report dated 09.07.2024 has been lodged against 19 unknown persons alleging that the accused along with other co-accused by connecting the informant through WhatsApp, fraudulently grabbed about Rs 70,00,000/- through various accounts by means of share trading. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. He submits that the accused-applicant has neither committed fraud of any kind nor he has prepared any forged documents nor he has used them. The applicant has neither obtained any money from the informant by fraud. He has been made an accused by the informant in collusion with the police. The FIR has been registered with some delay of which no explanation has been given. There is no independent witness to the incident. He is languishing in jail since 13.12.2024. The applicant 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. 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 and the delay in lodging the F.I.R. cannot be said to be fatal to the case at this juncture while considering the application of bail. 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 further submits that the accused applicant has fraudulently swindled about Rs. 70,00,000/- connecting the first informant through on WhatsApp through various accounts by means of share trading. He further submits that the present case is related to cyber crime, in which various accused has his own specific role. The applicant is accused of cheating the informant of a total of Rs. 70,00,000/- in different accounts through a fake trading app and investment in a fraudulent manner by conspiring with his co-accused. The applicant in collusion with his associates and co-accused, fraudulently deposited Rs. 70,00,000/- in different accounts from the informant in the name of online share trading through a fake share trading link, out of which the accused applicant transferred Rs. 1,90,000/- to his Account Number 1564017424910789. The accused applicant along with his co-accused committed a well- planned fraud to gain financial benefits. The applicant/accused is a part of a big gang, who along with his co-accused commit cyber frauds worth Crores. The accused applicant is the resident of other State, there is a strong possibility of him absconding. The investigation is still underway, the wrong possibility of intimidation of witnesses cannot be ruled out. 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 :- 19.3.2025 pks/vibha Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad