Neutral Citation No. - 2025:AHC:121870 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21931 of 2025 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Arvind Kumar Mishra, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 16 of 2024, under Sections 318(4), 338, 336(3), 340(2), 61(2) of BNS and Section 66D of I.T. Act, Police Station Cyber Crime Baghpat, District Baghpat, during the pendency of trial. 4. 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 as alleged in the FIR. It is further stated that the case of the applicant is at par with the co-accused Shaukin Saifi, who has been enlarged on bail by co-ordinate Bench of this Court vide order dated 24.02.2025. 5. There is no criminal history of the applicant. The applicant is languishing in jail since 01.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned AGA has vehemently opposed the bail application on the ground that the applicant is the main accused person as Rs. one lac has been transferred to his account, as such, he is not entitled for bail. 7. In rebuttal, learned counsel for the applicant has stated that the applicant does not know as to why the said money was transferred to his account and it was the co-accused who has deposited the said amount in his account and had taken back the said money. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and without expressing any opinion on the merit of the case, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Asif, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with 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. Order Date :- 24.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad