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2025 DAILYLAW 6396 (ALL)

NARESH v. STATE OF U.P.

BAIL/804/2025 · 2025-07-06

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106203 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 804 of 2025 Applicant :- Naresh Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Naresh for the offence punishable under Sections 308(2), 319(2), 318(4) B.N.S. and Section 66-D Information & Technology Act, in Case Crime No. 106 of 2024, Police Station- Cyber Crime, District- Gautam Budh Nagar. 2. Sri Vivek Singh, learned advocate, appears on behalf of applicant and submits that the accused-applicant has been falsely implicated in the present case by the police in cyber crime wherein the bank account of the accused-applicant is used by the persons who have duped the informant of rs. 92 Lacs impersonating CBI officials and taken out the amount by the persons who has used the account. The accused-applicant is not instrumental in the offence though his account has been used. The charge sheet is submitted in the matter. The accused-applicant is in jail since October, 2024. 3. Per contra, learned AGA opposed the bail and submits that the accused-applicant has been implicated in the case and charge sheet has been submitted against the accused-applicant on the basis of bank account of accused-applicant used in the matter. 4. This Court has taken into consideration the rival submissions made by the parties and perused the record. 5. Prima facie the record reveals that account number of the accused-applicant has been used, which lead the filing of the charge sheet against the accused-applicant. The accused-applicant is languishing in jail since 29.10.2024. 6. Without touching the merit of the case, this bail application is allowed. 7. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 7.7.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad