Neutral Citation No. - 2025:AHC:36409 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36780 of 2024 Applicant :- Mycale Deno Adex Opposite Party :- State of U.P. Counsel for Applicant :- Manish Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Manish Kumar, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State and perused the record. The present bail application has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 251 of 2024 for offence punishable under Sections 420, 406, 467, 468, 471 of the IPC and Section 66-D of the Information Technology Act, registered at Police Station Pilkhuwa, District Hapur, during pendency of the trial, after rejection of his bail application by Sessions Judge, Hapur, vide order dated 10.07.2024. Learned counsel for the applicant submits that the first information report dated 15.05.2024 has been lodged against 3 unknown persons. He submits that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. He submits that the accused-applicant is not named in the FIR. The applicant has not received any money from the informant by fraud or deceit in any way, whether in cash or through bank account or online medium. There is no document or evidence available to the applicant receiving money from the informant. The above crime has not been proved against the applicant. The FIR has been lodged against unknown persons with a delay of two months and 15 days, of which no explanation has been given for the delay. No money or document of any kind has been recovered from the possession of the accused applicant. The applicant has not received any money from the informant. The money that has been alleged to be received, has been received from the Customs Department, Delhi and a woman named Mercy. The above offence is not prima- facie made out against the accused applicant. He is languishing in jail since 02.06.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Per contra, learned A.G.A. has supported the order passed by the Sessions Court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature and the delay in lodging the F.I.R. cannot be said to be fatal to the case at this juncture while considering the application of bail. He, however, submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail. He further submits that the accused applicant has fraudulently swindled about Rs. 1,45,000/- of the informant and the accused has evaded the customs duty by preparing fake and forged receipts of the Department. Such crimes are increasing continuously and the accused are foreign citizen and there is a strong possibility of fleeing India. The crime of the accused is of serious nature. He further submits that the applicant is accused of cheating the informant of a total of Rs. 1,45,000/- by fraud. The applicant has prepared fake and forged receipts of the Customs Department and sent them from the mobile recovered from the accused. The crime of the accused is serious in nature. Such crimes are continuously increasing and the accused are foreign citizen and there is a strong possibility of fleeing from India and will not cooperate in the investigation and the investigation of the case is still going on. It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with. Keeping in view the gravity of the crime in the facts and circumstances of the case, there does not appear to be sufficient grounds to release the accused on bail. Accordingly, the bail application is, accordingly, rejected. Order Date :- 19.2.2025 pks/faisal Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad