Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31942 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.008 of 2025, under Sections 318(4), 319(2), 204, 351(4), 337, 338 B.N.S. and 66C, 66D I.T. (Amended) Act, 2008, Police Station Cyber Crime, District Azamgarh, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. Even his name has come up in the statement of the co-accused person Kaushik Sarvaiya, which has no evidentiary value in the eyes of law. There is no recovery from the applicant. Not a single penny has been transferred to the account of the applicant.
5. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 25.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Deepesh Kumar Ojha Counsel for Opposite Party(s) : G.A. Bhagirath Singh Jalla .....Applicant(s) State of U.P. .....Opposite Party(s)
consideration the fact that the applicant is not named in the FIR and his name has come up in the statement of the co-accused person, which has no evidentiary value, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Bhagirath Singh Jalla, 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 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.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. 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 24, 2025 (Ravi Kant) BAIL No. 31942 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad