Neutral Citation No. - 2025:AHC:96295 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12255 of 2025 Applicant :- Pradhan Gaurav Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Srivastava,Ramesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Ramesh Kumar Mishra, learned counsel for the applicant, Sri Anil Kumar Singh, learned A.G.A. for the State and perused the material on record. 2. The present bail application has been filed on behalf of applicant, Pradhan Gaurav Kumar, under Section 483 BNSS, with a prayer to release him on bail in Case Crime No. 135 of 2024 for offence punishable under Section 430 IPC and Section 66-D of the Information Technology Act, 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 20.03.2025. 3. Brief facts of the case are that in the month of October, 2023, the informant was approached by an U.K. based company named as Elaxovet group International London for supplying a product namely Hydrazine Chemical Liquid 92.7 purity for veterinary use. On checking the availability of said product on internet it was shown that subject product is manufactured by a company called Tinesh Manufacturing Surat. Subsequently certain orders worth Rs. 89,77,882 were given to the aforesaid company supply of said liquid but the same have not been sent to the informant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. It is further submitted that the whole prosecution story is false and frivolous and applicant has been falsely implicated in this case and the applicant has not committed the alleged offence. The applicant is not named in the FIR. His name has come into the light after a delay of more than 7 months, which creates serious doubt regarding the genuineness of entire prosecution story. He has been made accused on the basis of suspicion and without collecting any credible and cogent evidence against him. Not even a single penny has been transferred in the bank account of the applicant nor his bank account has been used in the commission of alleged offence in any manner and mobile phone of the applicant has not been used in the commission of alleged crime. Nothing articles has been recovered from the possession of the applicant or his pointing out. No offence is made out against the applicant under the aforesaid sections. He has next argued that the applicant has no previous criminal history and he is languishing in jail since 24.02.2025. Hence, bail has been prayed for. 5. 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. But he could not point out any material to the contrary. 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. 6. 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. 7. 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. 8. 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. 9. In view of the above, the Court is not inclined to release the applicant on bail. The bail application is, accordingly, rejected. Order Date :- 22.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad