Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14384 of 2025 Applicant :- Nishant Roy Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Yagvalkya Pandey, learned A.G.A. for the State Respondent and perused the material on record. This is a second bail application filed by the applicant. The first bail application filed by the present applicant was rejected by this Court vide order dated 17.01.2025, passed in Criminal Misc. Bail Application No. 23954 of 2024 (Nishant Roy Vs. State of U.P.). The applicant, Nishant Roy, has filed this second bail application with a prayer to enlarge him on bail in Case Crime No. 08 of 2024, under Sections 384, 406, 419, 420, 506, 507 & 34 of the Indian Penal Code & Sections 66-C & 66-D of the Information Technology (Amendment) Act, 2008 registered at Police Station Cyber Crime, District Prayagraj, during the pendency of the trial. In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicant submits that in the present case, charge sheet has been filed by the Investigating Officer on 27.06.2024 and the Court concerned has taken cognizance on 05.07.2024. He further submits that till then charge has not been framed and there is remote chance of trial being concluded shortly. He further submits that the co-accused Nitlesh Kumar @ Chhotu Singh, Rajesh Kumar and Rama Alias Chetan Kumar have been granted bail by the Court below vide orders dated 10.04.2025, 11.04.2025 and 11.04.2025 by a Coordinate Bench of this Court passed in Criminal Misc. Bail Application Nos. 29435 of 2024, 26322 of 2024 and 23447 of 2024 respectively. It is contended that the applicant is a student of BBA, 6th Semester and he could not take his exam last year on account of being in jail and this year the exam is scheduled from 14.05.2025. Learned counsel for the applicant further submits that the applicant is languishing in jail since 07.05.2024 and there is no possibility of conclusion of trial in near future. He, therefore, submits that on the above grounds, the applicant is liable to be enlarged on bail. Per contra learned A.G.A. has opposed the prayer for bail. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. In the case at hand, the charges are yet to be framed against the applicant. Investigation against the other co-accused Amar Pal Singh, Karan Preet and Devendra Kumar alias Dev Roy (father of the applicant) is still underway. In such circumstances, the Court is not inclined to release the applicant on bail. In the light of the facts and circumstances of the present case, it would be inappropriate to discuss the evidence in depth at this stage because it is likely to influence the trial of the accused. But, from the perusal of the evidences, collected during investigation so far, prima-facie, the involvement of the accused in the present case cannot be ruled out. No reason is found to falsely implicate the applicant/accused. Therefore, there is no good ground to release the applicant-accused on bail at this stage. All the contentions raised by the learned counsel for the applicant pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused has not committed an offence. In the ultimate conclusion, considering the facts and circumstances of the case, gravity of the offence, severity of punishment, in my opinion, no case for bail is made out. Accordingly, the second bail application is hereby rejected. It is clarified that the observations made regarding the bail application is limited to the decision of the bail application and any observations made herein shall not effect the trial of the case. Order Date :- 8.5.2025 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