Allahabad High Court
NAGESHWAR MANDALversusSTATE OF U.P.
- Decided
Holding
The court allowed the bail application, granting bail to the applicant with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Nageshwar Mandal, who was arrested in a cyber‑fraud case involving alleged withdrawal of Rs. 8,38,402. The applicant claimed innocence, no prior criminal record, and that the FIR was initially lodged against an unknown person, with his name surfacing later; he also asserted that the mobile phone recovered from him was issued to another person. The State opposed bail, pointing to the recovered mobile phone’s alleged involvement in the fraud. After reviewing the evidence, the court, without expressing an opinion on the merits, found the case suitable for bail and imposed standard conditions, including personal bond and sureties. Consequently, the bail application was allowed, subject to compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a cyber‑fraud case.
- Whether the recovery of a mobile phone allegedly used in the fraud justifies denial of bail.
- Whether the applicant’s claim of innocence, lack of prior record, and absence of any money in his bank account warrant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 317(2), 318(4), 336(3), 338, 340(2), 483, 61(2)
- Information Technology Act — s. 66C, 66D
Subjects
- bail
- cyber fraud
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- Information Technology Act
- presumption of innocence
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12980 of 2026
Nageshwar Mandal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Pradeep Kumar Singh, learned counsel for the applicant and
Sri Shiv Dutt Shukla, 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. 02 of 2026, under
Sections 318(4), 317(2), 338, 336(3), 340(2), 61(2) BNS and Section 66C,
66D I.T. Act, registered at Police Station Cyber Crime, District Varanasi,
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 since10.03.2026. It is further submitted
that the FIR has been lodged agaisnt unknown and during investigation
name of the applicant has surfaced. It is further submitted no amount has
been credited in the bank account of the applicant and the applicant is
having no criminal history. 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
bail to the applicant and it is submitted that during investigation mobile
phone of the applicant was found involved in the alleged cyber fraud.
BAIL No. 12980 of 2026
2
5. FIR has been lodged against unknown and as per FIR it is alleged that
Rs. 8,38,402/- is said to have been withdrawn by act of cyber fraud and
the FIR has been lodged on 5.1.2026. During investigation name of the
applicant has surfaced and two mobile phones and Rs. 91,000/- are said to
have been recovered from the possession of the applicant, however, the
applicant is said to have not received any amount in his bank account.
Recovered mobile phone has been found involved in the alleged cyber
fraud as pointed out by the learned AGA, however, it is submitted by the
learned counsel for the applicant that the said mobile phone has been
issued in the name of Uttam Mandal.
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- Nageshwar Mandal 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.
BAIL No. 12980 of 2026
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(v) The applicant shall remain present before the trial court on each date
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
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