HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37723 of 2025 Court No. - 69 HON'BLE AVNISH SAXENA, J. 1. Learned A.G.A. for the State hands up the counter affidavit. The same is taken on record. 1A. Heard Sri Bhavya Sahai & Sri Ajay Kumar Mishra, learned counsel for the accused-applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the accused-applicant Aashiq to enlarge him on bail in Case Crime No. 0377 of 2025, under Sections 318(4), 338, 336(3), 340(2), 3(5) BNS, Sections 3, 6 Indian Wireless Telegraphy Act, 1933, Sections 4, 20, 21, 25 Indian Telegraph Act, 1885 and Sections 66C, 66D Information Technology Act, 2008, P.S.- Mawana, District- Meerut, during the pendency of trial. 3. Learned counsel for the applicant submits that he does not want to move the rejoinder affidavit. 4. It is contended by learned counsel for the accused-applicant that the accused-applicant has been falsely implicated in F.I.R. dated 14.09.2025 lodged by the police against three persons including the accused-applicant with the allegation that the accused-applicant was running an illegal telephone exchange at his residence for committing cyber fraud. It is also alleged in the F.I.R. that the accused-applicant has committed loss of revenue to the government by running the telephone exchange. There are certain materials including the router, sim cards, laptop, lan cable, power Versus Counsel for Applicant(s) : Ajay Kumar Mishra, Bhavya Sahai, Syed Mohammad Abbas Husain Counsel for Opposite Party(s) : G.A. Aashiq .....Applicant(s) State of U.P. .....Opposite Party(s) cable and mobile phones including the motorcycles, which have been recovered from the house of the accused-applicant. Further submits that there is no technical examination of the product, which has been taken in custody by the police. The arrest and recovery has been made in absence of independent witness. There is nothing on record to show that the entire electronic items, which have been recovered by the police, have been used for any illegal purpose. Whatever revealed in the F.I.R. is merely the disclosure statement of the accused, which is not admissible in evidence. The charge sheet is submitted. The applicant has no criminal history. The applicant is in jail since 14.09.2025 and hence, the applicant seeks to be released on bail. 5. Learned A.G.A. for the State has opposed the prayer for bail of the applicant and submitted that the department of tele communication UP West LSA were called at the place and they found that through the internet, the telephone exchange was being run, which caused economic loss to the country, as there were internet calls, which was routed through the exchange. There is ample evidence collected during the investigation. 6. Countering the arguments, learned counsel for the applicant submits that it was an interim inquiry, which was conducted by the department of tele communication, which has never been provided to the accused- applicant. Further submits that even if it is considered, it is a crime in violation of the provisions of the telegraph acts and nothing else. 7. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the record. 7A. This Court in order dated 22.07.2026 called for the status of trial. The report dated 04.08.2026 reveals that the charge has been framed against the accused on 08.06.2026 and till the date of report, none of the witnesses has been examined. 8. Considered the arrest and recovery has been made in the absence of independent witness. There is no scientific evidences collected during the investigation. The charge sheet is submitted. The trial is still at the nascent stage and long incarceration of accused. BAIL No. 37723 of 2025 2 9. Hence, without touching merit of the case, the bail application is allowed. 10. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 11. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 30, 2026 Shivangi BAIL No. 37723 of 2025 3 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad