Allahabad High Court
NAZIM ANSARIversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to strict conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Nazim Ansari, who was arrested in a cyber‑fraud case (Crime No.57 of 2024) involving alleged receipt of Rs.20,00,000 and charges under IPC Section 420 and IT Act Section 66D. The applicant contended that he was falsely implicated, had been in custody since 5 December 2024, and had previously obtained bail in a similar case. The State opposed bail, emphasizing the large sum involved. After reviewing the record, the court, without expressing an opinion on the merits, found the case suitable for bail and ordered release on a personal bond of Rs.50,000 with two sureties, imposing conditions to prevent witness tampering and ensure presence at trial. The order clarified that it does not prejudice the trial court’s eventual judgment.
Issues considered
- What is the appropriateness of granting bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged cyber fraud and offences under IPC 420 and IT Act 66D?
- Whether the seriousness of the alleged offence and the amount involved justify denial of bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 420
- Information Technology Act — s. 66D
Subjects
- bail
- cyber fraud
- Section 483 B.N.S.S.
- IPC 420
- IT Act 66D
- criminal procedure
- surety
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 21320 of 2025
Nazim Ansari
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Neetu Singh, Diwakar Kumar Tiwari, Harish
Chandra Pal, Jitendra Kumar Singh, Prashant
Kumar, Rahul Singh Dahiya
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Harish Chandra Pal, learned counsel for the applicant, Sri B.P. Singh,
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.57 of 2024 under Sections 420 IPC and 66D I.T. Act, registered
at Police Station Cyber Crime, District Meerut during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 05.12.2024. It
is further submitted that FIR has been lodged against unknown and during
investigation, name of the applicant has surfaced and it has been alleged that applicant
has received Rs.20,00,000/- in his bank account in the alleged cyber fraud. It is further
submitted that applicant has been granted bail in a similar case by the learned Sessions
Court at Bhopal. 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 A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that huge amount of money has been credited in the bank
account of the applicant in the alleged cyber fraud.
5. FIR has been lodged against unknown and name of the applicant has surfaced
during investigation and it has been alleged that applicant has received Rs.20,00,000/-
in his bank account in the alleged cyber fraud committed with the first informant.
Chargesheet in the case has been submitted and applicant is languishing in jail since
05.12.2024.
6. Upon considering the totality of facts, nature and the evidence reflected from record
BAIL No. 21320 of 2025
2
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 Nazim Ansari 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 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.
April 23, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
Checking your session…