Allahabad High Court
TABIS-UR-REHMANversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to bail.
Summary
The Allahabad High Court considered a bail application filed by Tabis‑Ur‑Rehman, who was implicated in a cyber‑fraud case involving alleged transfer of Rs 49 lakh through a Binance crypto payment link. The prosecution relied on WhatsApp chats linking the applicant with co‑accused Gaurav and Asad Vakil Khan, alleging participation in the fraud. The applicant argued that no money was ever transferred to his account, he was not named in the FIR, and a co‑accused with a similar role had already been released on bail. The court noted the absence of direct monetary involvement, the applicant’s clean record, and the precedent of bail to a similarly situated co‑accused, and, without expressing a view on the merits, held that bail was appropriate. Accordingly, the bail was granted subject to a personal bond, two sureties and standard conditions such as non‑tampering with evidence and cooperation with the trial.
Issues considered
- Whether the applicant, Tabis‑Ur‑Rehman, is entitled to bail despite alleged involvement in a cyber‑fraud under Sections of the Indian Penal Code and the Information Technology Act.
Legislation cited
- Indian Penal Code — s. 111(3), 111(4), 111(6), 308(2), 317(2), 318(2), 318(4), 61(2)
- Information Technology Act, 2000 — s. 66D
Subjects
- bail
- cyber fraud
- cryptocurrency
- Information Technology Act
- Section 66D
- white‑collar crime
- WhatsApp evidence
- bail conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27347 of 2025
Tabis-Ur-Rehman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Nath Singh, Mohd Shah Faisal
Rauf, Mohd Shah Liyaqat Rauf, Omar
Zamin, Ram Prakash Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Mohd. Shah Faisal Rauf, counsel for the applicant, Sri Rakesh
Kumar Mishra, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail during trial in Case Crime No. 16 of 2025, under Sections
318(2), 318(4), 308(2), 61(2), 317(2), 111(3), 111(4), 111(6) B.N.S. and
Section 66D of I.T. Act, Police Station Cyber Crime, Varanasi, District
Varanasi.
3. Counsel for the applicant submitted that as per the prosecution story, the
first informant was defrauded by making digital arrest and forced him to
transfer Rs.49 lacs in Account No. 015320700000214; thereafter that
amount was further transferred in the account of co-accused Gaurav having
Account No.10226140890. Counsel for the applicant has submitted that
though no allegation has been made against the applicant in the FIR, but the
name of the applicant surfaced in the statement of co-accused Gaurav
regarding the persuasion of Gaurav to open account in bank to the defrauder
sitting in foreign country. It is further submitted that the applicant has been
falsely implicated merely because police found certain conversation between
the applicant and the other co-accused but the chats does not show the
involvement of the applicant in the fraud in question. It is further submitted
that there is no material against the applicant, though the applicant neither
the beneficiary nor there is allegation against the applicant that he defrauded
BAIL No. 27347 of 2025
2
the first informant. It is further submitted that the co-accused Asad Vakil
Khan having similar role as of the applicant has already been released on
bail by this Court in Criminal Misc. Bail Application No.32781 of 2025 vide
order dated 17.08.2026. It is further submitted that the applicant has no
criminal history. It is further submitted that charge sheet has been filed in the
present case, therefore, there is no requirement of custodial interrogation.
The applicant is a law abiding citizen and he is languishing in jail since
03.06.2025. In case, he is granted bail, he will not misuse the liberty of bail
and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
and submitted that the whatsapp chats of the mobile phone of the applicant,
co-accused Gaurav and Asad Vakil Khan show that they were involved to
defraud the foreigners by taking money through sending the payment link as
well as QR code of Binance Company to defrauded person to transfer money
in the form of Crypto Currency. It is further submitted that the QR code and
payment link have been mentioned in the case diary and also shown in the
Whatsapp chats between the applicant and other co-accused person,
therefore, the applicant is not entitled to be released on bail.
5. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties; taking into account that no money was
transferred in the account of the applicant; also taking into account that co-
accused Asad Vakil Khan having similar role as of the applicant has been
released on bail by this Court and keeping in view the nature of offence,
evidence, complicity of accused and without expressing any opinion on the
merits of the case, I am of the opinion that the applicant is entitled to be
enlarged on bail. Accordingly, the bail application is allowed.
6. Let the applicant- Tabis-Ur-Rehman involved in the aforementioned
crime be released on bail, on his furnishing a personal bond and 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.
BAIL No. 27347 of 2025
3
ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or commission of
any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond
executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official website
of High Court Allahabad and verified by the concerned counsel with the
undertaking that the certified copy will be filed within 15 days.
10. It is further directed that the trial court shall send the release order to the
concerned jail through Bail Order Management System (BOMS) to ensure
early release of the applicant.
11. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or on e-prison portal and Trial
Court via e-mode within 24 hours in compliance of the order of the Apex
Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu
Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024)
10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of
Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025,
decided on 29.05.2026.
12. The trial court is directed to conclude the trial as early as possible.
(Arun Kumar Singh Deshwal,J.)
October 1, 2026
CS/-
Digitally signed by :-
CHANDAN SINGH
High Court of Judicature at Allahabad
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