Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32517 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ganesh Kumar, learned counsel for the applicants as well as Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record.
3. Applicants seek bail in Case Crime No. 33 of 2025, under Sections 318(4), 319(2), 336(3), 338, 340(2) B.N.S. 66-D I.T. Act, Police Station- Cyber Crime, District- Basti, during the pendency of trial.
4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence. The allegations are per se false. There is no identification parade conducted as per Section 7 of Bharatiya Sakshya Adhiniyam.
5. It is further argued by learned counsel for the applicants that the applicants are not named in the FIR. There is no recovery of any incriminating material from the applicants. There is no criminal antecedent of the applicants. The applicants are languishing in jail since 17.7.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail.
6. Per contra, learned State Law Officer has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Ganesh Kumar Counsel for Opposite Party(s) : G.A. Srikant Verma And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that applicants are not named in the FIR and there being no any recovery from the applicants as also there being no identification parade conducted as per law, and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
8. Let the applicants- Srikant Verma and Sonu Kumar, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants 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 applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 22, 2025 Vikas Verma BAIL No. 32517 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad