HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21544 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned counsel for the informant is not present. 2. Heard Sri Kamlendra Singh Jadaun, learned counsel for the applicant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.259 of 2024, under Sections 406, 420 I.P.C. and 66-D of IT Act, Police Station- Mahuakheda, District- Aligarh, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have activated PhonePe on the mobile of the informant and had siphoned off Rs.3,88,985/- from his two bank accounts using PhonePe. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant has nothing to do with the said offence and the allegations are per se false as it is not possible for any person to use anybody else's account and activate PhonePe without there being any ATM card and other account details, including the mobile number. 6. It is further argued by learned counsel for the applicant that the informant himself had transferred the said amount to the account of the applicant, which was a business transaction. A case of civil in nature has been converted into criminal one. There is no criminal antecedent of the applicant. Versus Counsel for Applicant(s) : Kamlendra Singh Jadaun Counsel for Opposite Party(s) : G.A., Sandeep Kumar Pandey Mohit Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) The applicant is languishing in jail since 23.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the applicant had misused the QR Code of said PhonePe belonging to the informant and had duped of his hard earned money, which belongs to several poor persons of the locality. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Mohit Kumar, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. September 25, 2025 Vikas Verma BAIL No. 21544 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad