Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 569 of 2025 with CRIMINAL MISC. BAIL APPLICATION No. - 532 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Both the bail applications are connected together and they are being
disposed of by a common order. 2. Heard Sri Pradeep Kumar Singh, learned counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail during trial in Case Crime No. 87 of 2024, under Section 111(2), 318(4), 319(2) Β.N.S. and Section 66 D of Information Technology Act, Police Station- Cyber Crime, District Gorakhpur. Versus Counsel for Applicant(s) : Aravind Kumar Tripathi, Hari Narayan Singh, Pradeep Kumar Singh, Shubham Kumar Yadav, Shubhendu Mishra Counsel for Opposite Party(s) : G.A. Versus Counsel for Applicant(s) : Aravind Kumar Tripathi, Devendra Kumar Dwivedi, Hari Narayan Singh, Pradeep Kumar Singh, Shubham Kumar Yadav, Shubhendu Mishra Counsel for Opposite Party(s) : G.A. Alle Satyam .....Applicant(s) State of U.P. .....Opposite Party(s) Mitta Pelli Ramesh .....Applicant(s) State of U.P. .....Opposite Party(s)
4. Counsel for the applicants submitted that the applicants were not named in the FIR, wherein allegation has been made that the Whatsapp No.9559385302 having photographs of Director of Company of the first informant was shown in the profile, but the first informant was directed him to save that mobile number; thereafter instruction was given to the first informant to deposit Rs.90 lacs in the account of ABDS Motors and Rs.1.80 Crore in the account of M/s. Million Estates Consulting Pvt. Ltd.; thereafter the applicant on instruction of Director transferred the amount; thereafter during investigation, the police arrested the applicant Mitta Pelli Ramesh and it was also found that Rs.90 lacs was transferred in the account of applicant Mitta Pelli Ramesh. It is further submitted that the applicant Mitta Pelli Ramesh in his confessional statement stated that on the instructions of the applicant Alle Satyam he opened the account and handed over pass-book and cheque book to some other persons in Bombay and he was not aware about such fraud. 5. Counsel for the applicant submitted that no amount was transferred in the account of applicant Alle Satyam and his name surfaced in the statement of co-accused Mitta Pelli Ramesh, therefore, there is no material against the applicant Alle Satyam. It is also submitted that the applicants have no criminal history. It is further submitted that the applicant Mitta Pelli Ramesh was an employee of ABDS Motors company and he was not aware of the transaction in question.
It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicants are a law abiding citizen and they are languishing in jail since 23.11.2024. In case, the applicants are granted bail, they will not misuse the liberty of bail and would cooperate in the trial proceedings. 6. Per contra, learned A.G.A. has vehemently opposed the prayer for bail and submitted that the amount of Rs.90 lacs was transferred in the account of ABDS Motors, which was opened in the name of applicant Mitta Pelli Ramesh, which is sufficient material to substantiate his implication, however, he could not dispute the aforesaid averments regarding the applicant Alle Satyam. 7. Considering the entire facts and circumstances of the case, submissions of BAIL No. 569 of 2025 2
learned counsel for the parties; also taking into account that there is specific allegation that amount of Rs.90 lacs was transferred in the account of ABDS Motors, which was being operated by the applicant Mitta Pelli Ramesh. Therefore, this Court is not inclined to release the applicant Mitta Pelli Ramesh. Accordingly, the bail application of applicant Mitta Pelli Ramesh is rejected. 8. However, considering the confessional statement of the applicant Mitta Pelli Ramesh, there is no other material against the applicant Alle Satyam and not a single amount was transferred in the account of the applicant Alle Satyam, 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 Alle Satyam is entitled to be enlarged on bail. Accordingly, the bail application of the applicant Alle Satyam is allowed. 9. Let the applicant- Alle Satyam 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. 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. Identity, status and residence proof of the applicant and sureties be BAIL No. 569 of 2025 3
verified by the court concerned before the bonds are accepted. 12. 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. 13.
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. 14. 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. October 7, 2026 CS/- BAIL No. 569 of 2025 4 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad