PAWAN KUMAR YADAVversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15450 of 2026

Pawan Kumar Yadav
                                                        .....Applicant(s)
                               Versus

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

Counsel for Applicant(s)      : Daya Shanker Pandey, Prachi Tripathi
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri D.S. Pandey, learned counsel for the applicant and Sri
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. 46
of 2026, under Sections 3(5), 318(4), 336(3), 338, 340(2) BNS and
Section 66D of IT Act, registered at Police Station Cyber Crime,
District Ghaziabad 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 14.3.2026. It is
further submitted that as per FIR, mobile phones, ATM cards and
SIM cards are said to have been recovered from the possession of
the applicant and four other co-accused and they are said to have
confessed that they indulged in cyber fraud, however, no individual
has lodged complaint against 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.
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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 mobile phones,
ATM cards and SIM cards have been recovered from the
possession of the applicant and four other co-accused and they
confessed that they have committed cyber fraud with certain
persons.


5. As per allegations in the FIR, mobile phones, ATM cards and
SIM cards are said to have been recovered from the possession of
the applicant and four other co-accused and they are said to have
confessed that they indulged in cyber fraud, however, no individual
has lodged complaint against 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- Pawan Kumar Yadav 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
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                                    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 7, 2026
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad