HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28996 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Santosh Kumar Shukla, learned counsel for the applicant, Sri Deepak Kumar Verma and Sri Siyaram Verma, learned counsel for the first informant, Shri Ajai Singh, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 483 B.N.S.S. has been filed on behalf of applicant, Akash Sharma with a prayer to release him on bail in Case Crime No. 54 of 2025, under Sections 318(4), 319(2), 338, 336(3), 340(2), 61(2) BNS & Section 66-D I.T. Act, Police Station - Cyber Crime, District Gautam Buddh Nagar. Learned counsel for the applicant has submitted that the applicant is innocent person and he has falsely implicated in present case on the basis of confessional statement of co-accused Sumit Sharma. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with ulterior motive. It is further submitted that charge-sheet has been submitted against the applicant and the custodial interrogation is no longer required. There is no credible evidence against the applicant to connect him in the present case. Versus Counsel for Applicant(s) : Komal Prasad, Santosh Kumar Shukla Counsel for Opposite Party(s) : Aradhana Singh, G.A., Siya Ram Verma Akash Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) The applicant has been implicated only on the basis of apprehension. The applicant is not responsible for the loss for the investment made by the informant. He further submits that the Mobile Number and the IP Address, which was used for the alleged transaction of money do not relate to the applicant. Learned counsel has next argued that the applicant has no previous criminal history and if the applicant is released on bail, he shall not misuse the liberty of bail. He is languishing in jail since 25.06.2025. Hence the prayer for bail is made out. Learned A.G.A for the State vehemently opposed the prayer for bail and has further submitted that the accused-applicant along with the co-accused, have defrauded the first-informant of Rs. 03 crore 13 lakh. It is further stated that first- informant was an active person on social media, he advised him to stock trade with his company namely Ratefine Investment Ltd./Ratefine India Equity Fund. On assurance the first informant invested a sum of Rs. 3.16 Crore, but the money was not credited at the relevant time in the account of the first-informant and the same was credited in the account of accused person and when first- informant suspected foul play, he filled-up a withdrawal-slip to withdraw the said money, but the said money could not be withdrawn as the same was not credited, therefore, the accused- applicant has committed a cyber fraud with the first-informant. Learned A.G.A has further submitted that the accused-applicant is having a gang, which indulges in committing cyber fraud with some innocent persons and the Investigating Officer of this case has also collected some relevant transactions made from the account of first-informant, it was found that in the account of above Firm of the applicant, Rs. 22,00,000/- (twenty two lac only) was credited from the account of first-informant and the Investigating Officer also collected credible and concrete evidences during the course of investigation implicating the applicant. Learned A.G.A has lastly submitted that the applicant is named in F.I.R and he committed crime of a serious in nature and in this case direct evidences are also available in the case diary, if the applicant is granted bail, there is a chance to destroy the witnesses by threatening them and destroying their evidence, therefore, the instant bail application is devoid of merit and the BAIL No. 28996 of 2025 2 same is liable to be cancelled. In the light of the facts and circumstances of the present case, it would be inappropriate to discuss the evidence in depth at this stage because it is likely to influence the trial of the accused. But, from the perusal of the evidences, collected during investigation so far, prima facie, the involvement of the accused in the present case cannot be ruled out. No reason is found to falsely implicate the applicant/accused. Therefore, there is no good ground to release the applicant-accused on bail at this stage. All the contentions raised by the learned counsel for the applicant pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused has not committed an offence. In the ultimate conclusion, considering the facts and circumstances of the case, gravity of the offence, severity of punishment, in my opinion, no case for bail is made out. Accordingly, the bail application is hereby rejected. It is clarified that the observations made regarding the bail application is limited to the decision of the bail application and any observations made herein shall not effect the trial of the case. January 20, 2026 Vinod. BAIL No. 28996 of 2025 3 (Ashutosh Srivastava, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad