Neutral Citation No. - 2025:AHC:94062 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54088 of 2022 Applicant :- Mohd. Naieem Jumrati Shekh Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Srivastava,Satyendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.20 of 2022, under Section 420, 467, 468,471, 120-B of IPC and Section 66 of Information Technology, Act, 2000, Police Station Cyber Crime Cell, District Varanasi with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submitted that FIR in the present case was lodged against unknown persons by describing one mobile number and one account number of IDFC against unknown person with sole clue of modification that holder of mobile number and holder of account number of IDFC Bank are shown as accused therein. During investigation two suspects who were traveling on motor cycle were arrested by police, who disclosed their name as Mohd. Naieem Abdul Jumrati Sekh and Sanjay Rai. They confessed before police that their complicity in this Cyber Crime, some ATM cards, cheque books of various banks and three mobile sim cards were recovered from the bag holding on the shoulder of the applicant Mohd. Naieem Jumrati Shekh. Total six mobile phones were recovered from the arrested accused persons. 4. Learned counsel for the applicant submitted that accused applicant has been falsely implicated in the case. Co-accused Sanjay Rai have also been released on bail by order of this Court vide order dated 12.11.2024 in Criminal Misc. Bail Application No.16105 of 2023. He next submitted that during the pendency of bail application this Hon'ble Court had call for status of the case and it was informed that only evidence of PW-1 has been recorded so far. Therefore, trial is not likely to be concluded in near future. Accused applicant is held in jail custody since 31.08.2022. No custodian interrogation of the applicant is required, as he was already in jail custody for a long time. No useful purpose of law will be served by lodging the applicant in jail any further. She undertakes to abide by the conditions of bail, in case he is granted liberty of bail. 5. Per contra, learned A.G.A. opposed the prayer for bail and submitted that large number of incriminating material has been recovered from the bag carried by the accused applicant who was traveling alongwith co-accused by motorcycle at the time of arrest. However, it is not dispute that other factual aspects made by the applicant. 6. Considering the rival submissions of learned counsel for the parties, period of incarceration of the applicant, which is more than two years, totality of the facts and circumstances of the case and the fact that trial is not likely to be concluded in near future, without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Let the applicant- Mohd. Naieem Jumrati Shekh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 30.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad