SASARAM NONIYAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 16777 of 2026

Sasaram Noniya
                                                        .....Applicant(s)
                                Versus

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

Counsel for Applicant(s)                  :   Mrityunjay Singh
Counsel for Opposite Party(s)             :   G.A.

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

1. Heard Sri Mrityunjay Singh, learned counsel for the applicant
and Sri Ashish Kumar Tripathi, learned AGA for the State-
respondents and perused the record.

2. Learned counsel for the applicant submits that he has filed
supplementary affidavit stating therein that case crime no. 46 of
2026 has wrongly been typed in the memo of application and the
correct case crime no. is 46 of 2025.

3. 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 2025, under Sections 303(2), 317(2), 317(5), 318(4), 61(2) BNS
and Section 66D of I.T. Act, registered at Police Station Cyber
Crime, District Aligarh during pendency of the trial.

4. 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 17.2.2026. It is
further submitted that the co-accused Mohammad Shamshul has
already been granted bail by this Court vide order dated 30.4.2026
passed in Criminal Misc. Bail Application No. 14628 of 2026. It is
further submitted that FIR has been lodged against unknown after
65 days and during investigation name of the applicant has
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surfaced. It is further submitted that as per FIR some cyber fraud is
said to have been committed with the first informant to the tune of
Rs. 5,67,497. It is further submitted that 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.

5. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.


6. Co-accused Mohammad Shamshul has already been granted
bail by this Court. FIR has been lodged against unknown after 65
days and during investigation name of the applicant has surfaced.
As per FIR some cyber fraud is said to have been committed with
the first informant to the tune of Rs. 5,67,497. The applicant is
having no criminal history.

7. 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.

8. Let the applicant- Sasaram Noniya 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
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                                    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.

                                    9. In case of breach of any of the above conditions, it shall be a
                                    ground for cancellation of bail.

                                    10. 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 18, 2026
                                    Abhishek




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