Neutral Citation No. - 2025:AHC:56776 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27754 of 2024 Applicant :- Dinesh Nayal Opposite Party :- State of U.P. Counsel for Applicant :- Pandey Balkrishna,Ravi Prakash Singh Yadav,Santosh Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. The present bail application has been filed on behalf of applicant, Shashiikant, under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 835 of 2023 for offence punishable under Sections 420, 120-B of the Indian Penal Code & Section 66-D of the Information Technology Act, registered at Police Station Civil Lines, District Moradabad, during pendency of the trial. Brief facts of the case are that the first information report dated 03.10.2023 has been lodged against one unknown person alleging that first informant received an advertisement on his mobile through WhatsApp and Telegram and at the instance of advertisement, he deposited Rs. a sum of total Rs. 22,00,000/- (Twenty two Lacs) after completing some task in different account numbers of ICICI Bank. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. It is further submitted that charge-sheet has been submitted against the applicant and there is no pre-summoning evidence to connect the applicant in the aforesaid case. The accused-applicant has not threatened the first informant to arrest and transfer certain amount in the different accounts. It is further submitted that the accounts in which the aforesaid transactions have been made is not in the name of the applicant as such, the applicant has no connection in this crime. The applicant has not received any penny from the alleged transaction and is not a beneficiary thereof. He has next argued that the applicant has three other previous criminal history and if the applicant is released on bail, he shall not misuse the liberty of bail. He is languishing in jail since 22.01.2024. 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 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. 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. Order Date :- 31.1.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad