Neutral Citation No. - 2025:AHC:125908 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13805 of 2025 Applicant :- Akash Kumar Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri S. K. Yadav, learned counsel for the applicant, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 02 of 2025, under Sections 319(2), 317(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023, and Section 66(D) of I. T. Act, Police Station Cyber Crime, District Mainpuri. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the informant lodged an FIR alleging therein that a caller contacted the informant through Whatsapp showing himself an Inspector of Delhi Crime Branch and told that his son is caught in rape case and demanded Rs. 5 Lac. When the informant told that he has no such money then the caller reduced the amount to Rs. 2 Lacs and ultimately the informant transferred Rs. 38,000/- in the bank account of the applicant via Phone Pay on Mobile No. 9878695122. Learned counsel for the applicant further submits that the applicant is not named in the FIR and his name surfaced during the course of investigation. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. The applicant is languishing in jail since 28.01.2025. 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. Hence, the bail has been prayed for. Learned counsel for the applicant submits that the applicant is ready to deposit the alleged amount of Rs. 38,000/- to the informant. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. He further submits that if the applicant is ready to deposit the amount of Rs.38,000/- to the informant he shall not oppose the prayer of bail. 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, Akash Kumar Gupta, 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 shall deposit a bank draft of Rs. 38,000/- in the name of first informant before the court concerned and the same shall be handed over to the first informant. 2. The applicant will not tamper with the evidence. 3. The applicant will not indulge in any criminal activity. 4. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 5. 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 :- 29.5.2025 pks/sachin Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad