Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 628 of 2025 Applicant :- Mohd. Faisal Opposite Party :- State of U.P. Counsel for Applicant :- Nehal Beg Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Mr. Nehal Beg, learned counsel for applicant, learned A.G.A. for the State and perused the record. 2. This bail application has been preferred by the accused- applicant Mohd. Faisal who is involved in Case Crime No.- 32 of 2024 under Sections 319(2), 318(4), 338, 336(3), 340(2) BNS and Section 66C and 66D of I.T. Act, P.S.- Cyber Crime Police Station Azamgarh, District- Azamgarh. 3. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that there is no independent witness of the alleged recovery and there is no evidence that any cyber fraud has been committed by the applicant. He further submits that the first information report has been lodged on the basis of conjecture and surmises and applicant and co-accused were not involved in cyber fraud. He further contends that co-accused Kuldeep has already been granted bail by the Co-ordinate Bench of this Court vide order dated 07.11.2024 passed in Crl. Misc. Bail Application No.- 39298 of 2024. Lastly, learned counsel for the applicant submitted that in case applicant is released on bail, he will not misuse the liberty of bail. The applicant is languishing in jail since 26.08.2024. 4. Per contra, learned AGA has opposed the prayer for grant of bail and has submitted that the applicant and co-accused were indulged in committing cyber fraud and were using several adhaar cards, mobile phones and sim cards and they were apprehended and from their possession incriminating articles have been recovered like adhaar card, mobile phones etcetera. 5. As per the first information report various pan cards and adhar cards and other articles have been recovered from the possession of the applicant and co-accused Kuldeep. It is further alleged that the applicant and co-accused Kuldeep were indulged in cyber fraud and co-accused Kuldeep has already been granted bail by the Co-ordinate Bench of this Court vide order dated 07.11.2024 passed in Crl. Misc. Bail Application No.- 39298 of 2024 and the case of the applicant is not distinguishable from the case of the co- accused Kuldeep. 6. Considering the submissions of learned counsel for the parties, period of detention, stage of trial and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused- Mohd. Faisal involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 14.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad