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2025 DAILYLAW 8595 (ALL)

ALTAMAS v. STATE OF U.P.

BAIL/1647/2025 · 2025-01-27

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13547 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1647 of 2025 Applicant :- Altamas Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0393 of 2024, under Sections 303(2), 317(2), 318(4), 319(2) B.N.S. and 66D I.T. Act, Police Station Jani, District Meerut during pendency of the trial. 3. FIR of the present case was lodged against four unknown persons and according to the FIR four unknown persons by playing fraud got transferred crypto currency of the informant. 4. Learned counsel for the applicant submitted that nobody was named in the FIR but on the basis of false allegation, applicant has been made accused in the present matter and as per prosecution in the wallet of the applicant more than 34,000/- dollar were also found. 5. He further submits, entire allegation leveled against the applicant is totally false and actually applicant involved in trading of crypto currency, therefore, if from his wallet alleged money were recovered then also it cannot be said that recovered money related to the crypto currency of the informant. 6. He further submits, all the alleged offences are triable by Magistrate and in the present matter he is in jail since 10.12.2024. 7. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per allegation by playing fraud applicant and others got transferred the crypto currency of the informant and from the possession of applicant more than 34,000/- dollar were found in the wallet of the applicant but all the alleged offences are triable by Magistrate and in the present matter he is in jail since 10.12.2024. 10. Further, law is settled that bail is a rule while bail rejection is an exception. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Altamas be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad