Allahabad High Court
MD WASIversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed; the applicant is released on bail subject to specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Md. Wasi, who was arrested in connection with a fraud case involving alleged impersonation and fraudulent sale deeds under Sections 318(4), 338, 336(3), 340(2) of the BNS and Sections 61(2) and 66(D) of the IT Act. The applicant claimed innocence, asserted that he was merely a witness to a sale deed executed by a co‑accused, and highlighted the absence of a forensic report on impersonation and his clean criminal record. The State and the first informant opposed bail, alleging that the applicant was a mastermind of the fraud. After reviewing the record, the Court, without expressing an opinion on the merits, found the case suitable for bail and ordered the applicant’s 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 independent assessment of the case.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a fraud and impersonation case.
- Whether the applicant's alleged role as a witness versus a mastermind affects bail eligibility.
- Whether the absence of a forensic report on alleged impersonation impacts the decision to grant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Information Technology Act — s. 61(2), 66(D)
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- fraud
- impersonation
- Information Technology Act
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14332 of 2026
Md Wasi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Kumar Gupta, Manish Tiwari,
Prabhat Kumar Pandey
Counsel for Opposite Party(s) : Aushim Luthra, G.A., Yashonidhi
Shukla
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Sumit Nandwani, learned counsel for the applicant
through VC and Sri Manish Tiwari also learned counsel for the
applicant and Sri Manoj Gautam, learned AGA for the State-
respondents and Sri Aushim Luthra and Sri Yashonidhi Shukla,
learned counsel for the first informant 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.
0446 of 2025, under Sections 318(4), 338, 336(3), 340(2) BNS and
Section 61(2), 66(D) of IT Act, registered at Police Station Sector
58 Noida, District Gautam Buddha 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 4.12.2025. It is
further submitted that the applicant is not the beneficiary of the
alleged transaction and he is simply a witness of the alleged sale
deed which has been executed by co-accused Sanaullah Ansari. It
is also submitted that chargesheet has already been submitted and
case is based on documentary evidence and no further
incarceration of the applicant is required. It is also submitted that
BAIL No. 14332 of 2026
2
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 counsel for the first informant and
learned A.G.A. has opposed the prayer for grant of bail to the
applicant and it is submitted that the applicant and co-accused are
the master-mind of the entire fraud as they have indulged in
fradulent transaction by impersonation and the applicant has
executed a sale deed by impersonation. In reply, learned counsel
for the applicant submits that no FSL report has been found
regarding alleged impersonation.
5. The applicant is said to be a witness of the alleged sale deed
purportedly by co-accused Sanaullah Ansari and the applicant has
been languishing in jail since 4.12.2025 and chargesheet has
already been submitted.
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- Md. Wasi 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.
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(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.
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
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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