AVINASHversusSTATE OF U.P.

          HIGH COURT OF JUDICATURE AT ALLAHABAD
          CRIMINAL MISC. BAIL APPLICATION No. - 14214 of 2026

Avinash
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                      :    Abhishek Tiwari
Counsel for Opposite Party(s)                 :    G.A.

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

1. Heard Shri Abhishek Tiwari, 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.34 of 2025, under
Sections 318(2), 319(2), 3(5), 338, 308(6) of B.N.S. and Sections 66-C
and 66-D of I.T. Act, registered at Police Station Cyber Crime, District
Fatehpur, 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 co-accused Tribhuwan Singh
@ Ramsanehi has already been granted bail by this Court vide order dated
09.04.2026 passed in Criminal Misc. Bail Application No.9467 of 2026.
It is further submitted that no private complaint has been lodged by any
individual and the applicant and two co-accused persons are said to have
been arrested on some confidential information received by the police and
some electronic gadgets are said to have been recovered from their
possession and 34 persons are said to have been arrested on the
confessional statement of the applicant and other co-accused persons. It is
further submitted that the applicant is languishing in jail since 26.02.2025,
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,
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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.

5. Co-accused Tribhuwan Singh @ Ramsanehi has already been granted
bail by this Court vide order dated 09.04.2026 passed in Criminal Misc.
Bail Application No.9467 of 2026. As per allegations in the first
information report, three co-accused persons, including the applicant are
said to have been arrested with some electronic gadgets and they have
confessed before the police that they are indulged in cyber crime and 34
persons are said to have been arrested on the confessional statement of the
applicant and other co-accused persons. It is further submitted that the
applicant is languishing in jail since 26.02.2025.

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- Avinash 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
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                                    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.

                                    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 6, 2026
                                    RKM




Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad