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2025 DAILYLAW 8163 (ALL)

PRASHANT MISHRA v. STATE OF U.P.

BAIL/2639/2025 · 2025-07-06

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106708 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2639 of 2025 Applicant :- Prashant Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Kumar Mishra,Km Preete,Raman Pandey,Rashmi Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. By means of this bail application the accused-applicant has prayed to be enlarged on bail in Case Crime No.9 of 2024 for offence under Sections 406, 420 I.P.C. and Sections 66C and 66D of I.T. Act, P.S. Cyber Crime, District Muzaffar Nagar. 2. Mrs. Preete, learned advocate appears on behalf of applicant and submits that the accused-applicant has been falsely implicated in the present case of cyber crime wherein the informant has lodged the F.I.R. against the anonymous persons, as on the basis of whatsapp message, the informant has transferred money to different accounts amounting to Rs.15,80,840/- and did not get anything in return and was duped of the money. The F.I.R. to the effect is registered on 25th June, 2024 and on the same date, the accused applicant has been arrested. The investigation is continuing. There is no material available against the accused. There is a criminal history of one case shown against the accused, in which the accused is on bail. 3. Per contra, learned A.G.A. submits that the accused applicant is a habitual offender, who has duped the informant's money through cyber fraud. The investigation is continuing. 4. This Court has taken into consideration the rival submission made by the parties. 5. The perusal of the F.I.R. reveals that the F.I.R. has been registered against anonymous persons on 25th June, 2024. The amount which is shown transferred to various accounts, is not linked to the accused applicant who has apprehended on the same date of registration of F.I.R. The record further reveals that it is a matter of investment for profit. The accused is in jail since June, 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 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad