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Neutral Citation No. - 2025:AHC:76573 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12837 of 2025 Applicant :- Utsav Kalra Opposite Party :- State of U.P. Counsel for Applicant :- Aryan Srivastava, Prakash Chandra Srivastava,Uma Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Aryan Srivastava, learned counsel for the applicant, Sri Anil Kumar Singh, learned counsel for the State-Respondent and perused the record. The present bail application has been filed on behalf of applicant, Utsav Kalra, with a prayer to release him on bail in Case Crime No. 15 of 2024 for offence punishable under Sections 419, 420, 467, 468, 471, 120-B of the Indian Penal Code & Sections 66, 66- D of the Information Technology Act, registered at Police Station Cyber Crime, District Gautam Buddh Nagar, during pendency of the trial, after rejection of his bail application by Additional Sessions Judge, Court No. 5, Gautam Buddh Nagar, vide order dated 08.04.2025.
Brief facts of the case are that the first information report dated 20.03.2024 has been lodged against one unknown person with the allegation that on 12.12.2023 someone added him to the whatsapp group and they were providing information and training related to the stock market and lured him to invest money with so many companies. It was alleged that between 26.02.2023 to 06.02.2024 the informant deposited Rs. 97,40,000/- in different accounts which were provided by the whatsapp group but they deceived him and now all the account of whatsapp group has been closed.
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 after the custody of the applicant, the family members of the applicant entered into compromise with the informant Sri Anupam Agarwal for which a Memorandum of Understanding (MOU) dated 03.04.2025 was prepared and they agreed to settle the dispute finally after
receiving Rs. 84,15,000/- as full and final payment. He has next argued that the applicant has no previous criminal history and if the applicant is released on bail, he shall not misuse the liberty of bail. He is languishing in jail since 29.03.2025. Learned AGA does not oppose the prayer of bail. He submits that the parties have entered into compromise in pursuance of Memorandum of Understanding (MOU) dated 03.04.2025 and they have agreed to settle the dispute finally after receiving Rs. 84,15,000/- as full and final payment he has no objection. Considering all those 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. Accordingly, the bail application is allowed. Let the accused-applicant, Utsav Kalra, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. 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. 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 :- 5.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad