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Allahabad High Court

VISHAL @ SHUBHNIT TRIVEDIversusSTATE OF U.P.

Decided

Holding

The bail application is allowed; the applicant is released on bail subject to conditions.

Summary

Vishal @ Shubhnit Trivedi was arrested in Crime No. 0010 of 2024 for alleged offences under Sections 420, 406, 467, 468, 471 of the IPC and Sections 66-C, 66-D of the IT Act. He has been in custody since 30‑12‑2025 and claims innocence, asserting that the only link to him is a mention in the confessional statement of co‑accused Prince Gupta, who has already been granted bail. The State opposed bail, arguing the seriousness of the cyber‑fraud allegations and the applicant’s alleged role. The Court examined the evidence, noted the absence of any material recovered from the applicant and the heavy pendency of cases, and without expressing a view on the merits, held that the case is fit for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly, the bail application was allowed, directing the applicant to furnish a personal bond of Rs. 50,000 with two sureties and to comply with several conditions, the breach of which would lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged cyber‑fraud and serious IPC offences.
  • Whether the applicant’s mention in the co‑accused’s confessional statement and the seriousness of the charges preclude the grant of bail.
  • Whether the conditions imposed by the Court are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • Section 483 B.N.S.S.
  • cyber fraud
  • IPC offences
  • IT Act
  • confessional statement
  • co‑accused
  • conditions of bail

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 13009 of 2026

Vishal @ Shubhnit Trivedi
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)          : Ashish Kumar, Prabhakar Dwivedi
Counsel for Opposite Party(s)     : G.A.

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

1. Heard Sri Prabhakar Dwivedi, 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. 0010 of 2024, under
Sections 420, 406, 467, 468, 471 IPC and Section 66-C and 66D of IT
Act, registered at Police Station Kadarigate, District Farrukhabad, 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 30.12.2025. It is further submitted
that co-accused Prince Gupta has already been granted bail by a co-
ordinate Bench of this Court vide order dated 20.5.2024 passed in
Criminal Misc. Bail Application No. 8234 of 2024. It is submitted that
name of the applicant has surfaced in the confessional statement of co-
accused Prince Gupta and nothing has been recovered from the possession
of the applicant. 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 No. 13009 of 2026
                                2


bail to the applicant.


5. Co-accused Prince Gupta has already been granted bail by a co-
ordinate Bench of this Court and as per FIR four accused persons are said
to have been arrested and from their possession some mobile phones and
other incriminating articles are said to have been recovered and they
confessed their involvement in the alleged cyber fraud. Name of the
applicant has surfaced in the convessional statement of co-accused Prince
Gupta and nothing is said to have been recovered from the possession of
the applicant and the said co-accused have assigned the role of extending
help in the alleged cyber fraud to the applicant.

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- Vishal @ Shubhnit Trivedi 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. 13009 of 2026
                                                                     3


                                    (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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