Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 85082 (ALL)

GAURAV SACHAN v. STATE OF U.P.

BAIL/27750/2025 · 2025-09-09

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27750 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Prabhakar Singh, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 34 of 2025, under Sections 318(4), 338, 339, 3(5) of BNS and Section 42 of Telecom Act and Section 66(d) of I.T. Act, Police Station Cyber Crime Kanpur Nagar, District Kanpur Nagar, 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. 5. Learned counsel has next stated that the role of the applicant is at different footing qua the other co-accused persons. The applicant is stated to have activated eight sim cards which were procured in the name of his relatives and handed over to co-accused Shivam Verma. The fraud committed, if any, is by the co-accused Shivam Verma only. The applicant has himself been duped by him, as such the applicant is entitled for bail. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 26.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the Versus Counsel for Applicant(s) : Prabhakar Singh, Ravindra Nath Rai Counsel for Opposite Party(s) : G.A. Gaurav Sachan .....Applicant(s) State of U.P. .....Opposite Party(s) liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merit of the case, 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- Gaurav Sachan, 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. September 10, 2025 Sumit S BAIL No. 27750 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad