SHIVAM PATELversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 12979 of 2026

Shivam Patel
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                           :    Aman Arya
Counsel for Opposite Party(s)                      :    G.A.

Court No. - 69
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Aman Arya, learned counsel for the applicant and Sri B.P.
Maurya, learned AGA for the State-respondents and perused the record.

2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a
prayer to release him on bail in Case Crime No. 72 of 2025, under
Sections 318(4), 338, 61(2) BNS and Section 66(d) of IT Act, registered
at Police Station Cyber Crime Kanpur Nagar, District Kanpur Nagar,
during pendency of the trial.

3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case and
he has been languishing in jail since 26.12.2205. It is further submitted
that co-accused Alok Kumar Gupta and Abhay Mishra @ Nitin have
already been granted bail by a co-ordinate Bench and by this Court vide
order dated 20.3.2026 passed in Criminal Misc. Bail Application No.
8683 of 2206 and vide order dated 31.3.2026 passed in Criminal Misc.
Bail Application No. 10906 of 2026 respectively. It is submitted that the
applicant has not received any amount in his bank account in the alleged
cyber fraud. It is also submitted that the applicant undertakes that he will
not misuse the liberty, if granted. It has also been pointed out that in the
wake of heavy pendency of cases in the Court, there is no likelihood of
any early conclusion of trial.

4. On the other hand, learned A.G.A. has opposed the prayer for grant of
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bail to the applicant and it is submitted that two mobile phones have been
recovered from the possession of the applicant and whatsapp chats have
been found on the said mobile phones.


5. co-accused Alok Kumar Gupta and Abhay Mishra @ Nitin have
already been granted bail. The applicant is said to have not received any
amount in his bank account in the alleged cyber fraud and two mobile
phones are said to have been recovered from the possession of the
applicant and whatsapp chat is said to have been found in the said mobile
phones.

6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
ALLOWED.

7. Let the applicant- Shivam Patel involved in the aforesaid case crime
be released on bail on his furnishing a personal bond of Rs. 50,000/- with
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 not pressurize/intimidate the prosecution
witnesses.

(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.

(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.

(v) The applicant shall remain present before the trial court on each date
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                                    fixed, either personally or through his counsel.

                                    8. In case of breach of any of the above conditions, it shall be a ground for
                                    cancellation of bail.

                                    9. It is clarified that anything said in this order is limited to the purpose of
                                    determination of this bail application and will in no way be construed as
                                    an expression on the merits of the case. The trial court shall be absolutely
                                    free to arrive at its independent conclusions on the basis of evidence led
                                    unaffected by anything said in this order.



                                                                                       (Jitendra Kumar Sinha,J.)
                                    April 20, 2026
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad