HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23698 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Rajesh Kumar Patel, learned counsel for the applicant, Shri Purushottam Maurya, learned A.G.A. for the State and perused the material on record. The present bail application has been filed on behalf of applicant, Akash Verma, under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, with a prayer to release him on bail in Case Crime No. 5 of 2025, under Sections 318 (4), 319 (2), 336 (3), 338, 340 (2), 111 (2) (b), 3 (5) of BNS and Sections 66C, 66D of the Information Technology Act, registered at Police Station Cyber Crime, District Prayagraj, during pendency of the trial. Brief facts of the case are that the first information report has been lodged by Registrar General against unknown person having mobile number 9031717941 with the allegation that one Nitin Chandra Mishra Advocate has informed Hon'ble Judge of this Court (name is not required to be disclosed) that Mr. Mishra has received a telephonic call from Shri Salabh Mani Tripathi, MLA, Deoria Sadar that Ms. Tripathi has received call from unknown mobile number 9031717941 representing himself Hon'ble Judge of this Court and requested him to remit certain amount to him as he is in some emergency. Day before present FIR, one call from same mobile number was also received by P.S. of another Hon'ble Judge of this Court from Chief Judicial Magistrate Budaun alleging the same incident. Hence, the present FIR. Learned counsel for the applicant submits that the applicant is innocent and Versus Counsel for Applicant(s) : Rajesh Kumar Patel, Ram Nidhi Counsel for Opposite Party(s) : G.A. Akash Verma .....Applicant(s) State of U.P. .....Opposite Party(s) has been falsely implicated in the present case with ulterior motive. Learned counsel for the applicant submits that applicant is a student and have passed Class 12th examination. The applicant has no concerned with the aforesaid mobile number. Learned counsel for the applicant submits that investigation officer has not recorded the statement of Sh. Salabh Mani Tripathi, MLA Deoria and has filed charge-sheet against the applicant in illegal manner. Learned counsel for the applicant submits that some of the recovered articles belongs to the applicant and rest has been falsely planted upon the applicant. Learned counsel for the applicant submits that in the confessional statement applicant admits that he used to open forged bank accounts related to the cyber crime. Learned counsel for the applicant submits that confessional statement cannot be read into evidence against the applicant. He has next argued that the applicant has no previous criminal history and on the basis of confessional statement, one case is registered against the applicant and if the applicant is released on bail, he shall not misuse the liberty of bail. He is languishing in jail since 13.3.2025. Per contra, learned A.G.A. has supported the order passed by the Sessions Court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature. He, however, submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with. This Court finds that in India, the rapid advancement of technology and the widespread adoption of digital infrastructure have led to a significant rise in cyber-crimes including phishing scams, ransomware attacks, cyber-stalking and data breaches. Initiatives like Digital India have accelerated the country's' digital transformation, but they have also exposed vulnerabilities that cyber-criminals exploit. BAIL No. 23698 of 2025 2 Cyber-crime has been affecting the people across the nation, irrespective of religion, region, education or class. Newspapers, Magazines, You Tube Channels and Social Media are brimming with ordeals of an uncountable number of innocent victim of the cyber-crime, who are defrauded of their hard earned money. Such cyber-crimes are rampant in our society, and must be curbed. Cyber-crime in our country is like a silent virus stealthy, disruptive, and costing society more than just money, but trust, security and progress. In view of the above, the Court is not inclined to release the applicant on bail. The bail application is, accordingly, rejected. August 27, 2025 Ravi Prakash BAIL No. 23698 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad