Neutral Citation No. - 2025:AHC:93234 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12750 of 2025 Applicant :- Rajanish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Alok Ranjan Mishra,Amrita Rai Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Alok Ranjan Mishra and Ms. Amrita Rai Mishra, learned counsel for the applicant, Shri Purushottam Maurya, learned A.G.A. for the State and perused the material on record. The present bail application has been filed on behalf of applicant, Rajanish Kumar, under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 5 of 2025 for offence punishable under Section 318 of the Bharatiya Nyaya Sanhita, 2023 & Section 66-C of the Information Technology Act, registered at Police Station Cyber Crime, District Prayagraj during pendency of the trial. Brief facts of the case are that the first information report has been lodged by Registrar General against unknown person having mobile number 9031717941 with the allegation that one Nitin Chandra Mishra Advocate has informed Hon'ble Judge of this Court (name is not required to be disclosed) that Mr. Mishra has received a telephonic call from Shri Salabh Mani Tripathi, MLA, Deoria Sadar that Ms. Tripathi has received call from unknown mobile number 9031717941 representing himself Hon'ble Judge of this Court and requested him to remit certain amount to him as he is in some emergency. Day before present FIR, one call from same mobile number was also received by P.S. of another Hon'ble Judge of this Court from Chief Judicial Magistrate Budaun alleging the same incident. Hence, the present FIR. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. Learned counsel for the applicant submits that applicant is engaged in the business after receiving his retailer ID from Airtel Telecommunication Services in teh name of Arun Pratinidhi and source of his livelihood is only selling the SIM cards. Learned counsel for the applicant submits that there is no evidence in the present case that applicant has used the mobile number used in the commission of crime. The SIM card was issued after Aadhar biomatric verification and fingerprint identification. The alleged SIM card does not belong to the applicant nor in the name of the applicant. His name has been surfaced on record only on the confessional statement of co-accused Raj Kumar Yadav, whose name SIM card was issued. There is no recovery of SIM card from the possession of the applicant or his pointing out. He has next argued that the applicant has no previous criminal history and on the basis of confessional statement, one case is registered against the applicant and if the applicant is released on bail, he shall not misuse the liberty of bail. He is languishing in jail since 26.1.2025. 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. 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 :- 16.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad