Allahabad High Court
NAUSHADversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Naushad, who is charged under Sections 318(4), 338, 336(3), 340(2) of the same Act and Section 66D of the Information Technology Act for an alleged cyber‑fraud involving Rs 31.20 lakh. The applicant contended that he was not named in the FIR, his name only appeared during investigation, and that he merely received the money which was promptly transferred and that he is innocent. The State opposed bail, emphasizing the receipt of the large sum. 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 standard conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the alleged receipt of Rs 31.20 lakh and the nature of the offences charged.
- Whether the fact that the accused was not named in the FIR but was later implicated during investigation affects the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 483
- Information Technology Act — s. 66D
Subjects
- bail
- cyber fraud
- Bharatiya Nagarik Suraksha Sanhita
- Information Technology Act
- Section 66D
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 23695 of 2025
Naushad
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Bhushan Yadav, Rajesh
Mishra, Sunil Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Sunil Kumar Pandey, learned counsel for the applicant, and
Shri S.D.Shukla, 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.68 of 2025, under
Sections 318(4), 338, 336(3), 340(2) of BNS and Section 66D of I.T. Act,
registered at Police Station Cyber Crime, District Ghaziabad, 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 the applicant is not named in
the first information report and his name has surfaced during
investigation. It is further submitted that the charge sheet in this case has
already been submitted. It is further submitted that as per first information
report, applicant is said to have received Rs.31,20,000/- in his bank
account in the alleged cyber fraud and the said amount was immediately
transferred to other account and the applicant is not the actual
beneficiary. It is further submitted that the applicant is languishing in jail
since 20.04.2025, 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, there is no likelihood of any early conclusion of
BAIL No. 23695 of 2025
2
trial.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant and it has been submitted by him that the applicant has received
Rs.31,20,000/- in his bank account in the alleged cyber fraud.
5. Applicant is not named in the first information report and his name has
surfaced during investigation. Charge sheet in this case has already been
submitted and as per first information report, applicant is said to have
received Rs.31,20,000/- in his bank account in the alleged cyber fraud and
the said amount was immediately transferred to other account and the
applicant is not the actual beneficiary. It is further submitted that the
applicant is languishing in jail since 20.04.2025.
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- Naushad 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
are present in the trial court.
BAIL No. 23695 of 2025
3
(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.)
April 20, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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