Neutral Citation No. - 2025:AHC:129440 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17577 of 2025 Applicant :- Asif Urf Sippa Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aushim Luthra,Gunjan Sharma,Harishchandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Aushim Luthra, learned counsel for the applicant, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 19 of 2024, under Sections 420, 406 I.P.C. and Section 66C and 66D I.T. Act, Police Station- Cyber Crime Police Thana, District- Muzaffar Nagar, during the pendency of trial. 5. As per prosecution story, certain unknown individuals fraudulently induced the informant's brother to invest a sum of Rs. 51,00,000/- under the false pretense of investing in cryptocurrency with the assurance of substantial returns, thereby dishonestly deceiving and misappropriating the said amount. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about a month and there is no explanation of the said delay caused. The applicant was not named in the FIR, as such, it is a clear cut case of false implication. The name of the applicant has come up later on in the statement of co-accused Gufran @ Kala. 7. Learned counsel for the applicant has further argued that three persons namely, Mohd. Harish, Mohd. Parvez and Usman are stated to have issued sim cards in their name and handed it over to the applicant and the applicant is stated to have misused the said sim cards and duped the money of the brother on the informant to the tune of Rs. 51,00,000/-. However, there is no evidence that the applicant had taken the said sim cards as there is no recovery of said sim cards or mobile phone which was used in the crime, as such, applicant is entitled for bail. 8. It is further argued by learned counsel for the applicant that there is criminal history of two cases of similar nature assigned to the applicant and he has applied bail in both the cases. The applicant is languishing in jail since 21.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that there is no direct trail connecting the applicant to the said crime and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 11. Let the applicant- Asif Urf Sippa, 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. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 1.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad