Allahabad High Court
VIVEK SHRIVASversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed and the applicant is released on bail with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Vivek Shrivas, who was charged under Sections 319(2) and 318(4) of the same Act and Sections 66C and 66D of the Information Technology Act for alleged receipt and withdrawal of Rs.12.8 lakh through a forged authority letter. The applicant claimed innocence, stating he was falsely implicated and had been in custody since 25 January 2026. The State opposed bail, emphasizing the seriousness of the alleged cyber‑fraud and the amount involved. After reviewing the charge sheet and the circumstances, the Court, without expressing an opinion on the merits, found the case suitable for bail and ordered release on a personal bond with two sureties, imposing conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court's future findings.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for offences under Sections 319(2), 318(4) of the same Act and Sections 66C, 66D of the IT Act.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
- Whether the alleged forged authority letter and the amount involved justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 318(4), 319(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Information Technology Act — s. 66C, 66D
Subjects
- bail
- cyber crime
- forgery
- money laundering
- Information Technology Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- Section 66C
- Section 66D
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14034 of 2026
Vivek Shrivas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kailash Nath, Ravindra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Kailash Nath, learned counsel for the applicant, and Shri
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.23 of 2024, under
Sections 319(2), 318(4) of B.N.S. and Section 66C and 66D of I.T. Act,
registered at Police Station Cyber Crime, District Muzaffarnagar, during
pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that the charge sheet in this case
has already been submitted. It is further submitted that Rs.12,80,000/- is
said to have been received by him in his bank account and on the basis of
forged authority letter purportedly issued by the applicant, co-accused
Nitesh is said to have withdrawn the entire amount. It is further submitted
that the applicant is languishing in jail since 25.01.2026, 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. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
BAIL No. 14034 of 2026
2
5. Charge sheet in this case has already been submitted and
Rs.12,80,000/- is said to have been received by him in his bank account
and on the basis of forged authority letter purportedly issued by the
applicant, co-accused Nitesh is said to have withdrawn the entire amount.
It is further submitted that the applicant is languishing in jail since
25.01.2026.
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- Vivek Shrivas involved in the aforesaid case crime
shall 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 :-
(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
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.
BAIL No. 14034 of 2026
3
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.)
May 5, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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