HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27347 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Mohd. Shah Faisal Rauf, counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail during trial in Case Crime No. 16 of 2025, under Sections 318(2), 318(4), 308(2), 61(2), 317(2), 111(3), 111(4), 111(6) B.N.S. and Section 66D of I.T. Act, Police Station Cyber Crime, Varanasi, District Varanasi. 3. Counsel for the applicant submitted that as per the prosecution story, the first informant was defrauded by making digital arrest and forced him to transfer Rs.49 lacs in Account No. 015320700000214; thereafter that amount was further transferred in the account of co-accused Gaurav having Account No.10226140890. Counsel for the applicant has submitted that though no allegation has been made against the applicant in the FIR, but the name of the applicant surfaced in the statement of co-accused Gaurav regarding the persuasion of Gaurav to open account in bank to the defrauder sitting in foreign country. It is further submitted that the applicant has been falsely implicated merely because police found certain conversation between the applicant and the other co-accused but the chats does not show the involvement of the applicant in the fraud in question. It is further submitted that there is no material against the applicant, though the applicant neither the beneficiary nor there is allegation against the applicant that he defrauded Versus Counsel for Applicant(s) : Amar Nath Singh, Mohd Shah Faisal Rauf, Mohd Shah Liyaqat Rauf, Omar Zamin, Ram Prakash Sharma Counsel for Opposite Party(s) : G.A. Tabis-Ur-Rehman .....Applicant(s) State of U.P. .....Opposite Party(s) the first informant. It is further submitted that the co-accused Asad Vakil Khan having similar role as of the applicant has already been released on bail by this Court in Criminal Misc. Bail Application No.32781 of 2025 vide order dated 17.08.2026. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 03.06.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail and submitted that the whatsapp chats of the mobile phone of the applicant, co-accused Gaurav and Asad Vakil Khan show that they were involved to defraud the foreigners by taking money through sending the payment link as well as QR code of Binance Company to defrauded person to transfer money in the form of Crypto Currency. It is further submitted that the QR code and payment link have been mentioned in the case diary and also shown in the Whatsapp chats between the applicant and other co-accused person, therefore, the applicant is not entitled to be released on bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties; taking into account that no money was transferred in the account of the applicant; also taking into account that co- accused Asad Vakil Khan having similar role as of the applicant has been released on bail by this Court and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed. 6. Let the applicant- Tabis-Ur-Rehman involved in the aforementioned 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, with the following conditions:- i. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. BAIL No. 27347 of 2025 2 ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. 12. The trial court is directed to conclude the trial as early as possible. October 1, 2026 CS/- BAIL No. 27347 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad