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2025 DAILYLAW 88641 (ALL)

SHAKEEL v. State of U.P.

BAIL/30619/2024 · 2025-07-28

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125693 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30619 of 2024 Applicant :- Shakeel Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Kashyap,Arvind Kumar Verma,Niharika Dubey,Ravindra Kumar Rastogi,Vishakha Dubey Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Shakeel for the offence punishable under Section 420 I.P.C. & Section 66D I.T. (Amendments) Act, 2008 in Case Crime No.0030 of 2024, Police Station- Kotwali City, District Bulandshahr. 2. Ms. Vishakha Dubey, learned advocate appeared for the applicant and submits that the accused applicant has been falsely implicated in the case wherein the mobile number of the accused is shown to have been mentioned in the F.I.R. but no cheating has been done by the accused as informant and the accused are known to each other and the amount has been transferred to the informant's wife is as per the transaction made. The charge sheet has been submitted. The trial is still continuing. The criminal history of two cases has been explained in the supplementary affidavit. The accused is in jail since May, 2024. As such, he prays that the accused/applicant be enlarged on bail. 3. Per contra, learned A.G.A. has opposed the bail application and submits that there is specific allegation against the accused that he has transferred the mobile number of the U.P.I. address of informant and whereby Rs. 5,56,000/- has been transacted from the account of informant. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The perusal of the record prima facie reveals that the F.I.R. has been registered against the mobile number wherein the informant received a call. There is no CDR details on record to show any correspondence in respect to change of mobile number of U.P.I. app, which was made instrumental of transferring the money from the account of informant to different accounts. There is no direct role attributed to the accused whatever be attributed is on the wife of accused, which according to the accused has been transferred by the informant himself. The accused is in jail since May, 2024. The charge sheet has been submitted. 6. Hence, without touching merit of the case, the bail application is allowed. 7. Let the applicant be released on bail in the aforesaid case crime on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 29.7.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad