HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8028 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Counter affidavit filed by the State and supplementary affidavit filed by the applicants are taken on record. 2. Heard Sri Rakesh Pathak, learned counsel for the applicants and Sri Ashutosh Singh, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 0246 of 2025, under Sections 61(2), 3(5), 340(2), 336(3), 338, 318(4) BNS, Police Station Friends Colony, District Etawah during pendency of the trial. 4. Learned counsel for the applicants submits, applicants were not named in the FIR but during investigation they have been made accused in the present matter on the ground that they facilitated the principal accused who committed the fraud of GST. He further submits, admittedly applicants were neither beneficiary nor they received any money and nor they created any shell company. 5. He further submits, actually applicants are data entry operators and they used to fill the form with regard to GST registration and only due to this reason during investigation they have been made accused in the present matter. 6. He further submits, co-accused Devesh Chandra Shakya, who was also made accused along with applicants during investigation with similar allegation has been released on bail by this Court vide order dated 08.05.2026 passed in Criminal Misc. Bail Application No. 14650 of 2026. Versus Counsel for Applicant(s) : Avijit Saxena, Rakesh Pathak Counsel for Opposite Party(s) : G.A. Ankit Johari And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 7. He further submits, applicants were not having any previous criminal history but along with instant matter they have been made accused in three other cases. 8. He further submits, all the alleged offences are triable by Magistrate and in the present matter applicants are in jail since 03.02.2026. 9. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, present matter relates to huge GST fraud but it reflects, instead of filing criminal complaint under the provisions of GST Act FIR has been lodged. 12. Further, record also suggests applicants were not named in the FIR and during investigation they have been made accused in the present matter with the allegation that they facilitated the prime accused in commission of alleged fraud and admittedly applicants were neither beneficiary nor any money was transferred in their account. 13. Further, it also reflects, applicants were not having any previous criminal history but along with present matter they have been made accused in three cases. 14. Further, all the alleged offences are triable by Magistrate. 15. Further, co-accused Devesh Chandra Shakya, who was also made accused along with applicants during investigation with similar allegation has been released on bail by this Court vide order dated 08.05.2026 passed in Criminal Misc. Bail Application No. 14650 of 2026. 16. Further, in the present matter applicants are in jail since 03.02.2026. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 19. Let the applicants - Ankit Johari and Shiva Johri be released on bail BAIL No. 8028 of 2026 2 in the aforesaid case on 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity. 20. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants. 21. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 12, 2026 AK Pandey BAIL No. 8028 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad