Allahabad High Court

GAFFAR KHANversusSTATE OF U.P.

Decided: 22 February 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The court granted bail to the applicant, finding that the requirements for denial of bail were not satisfied.

Summary

The High Court considered a bail application filed by Gaffar Khan in a criminal case (Crime No.09 of 2025) involving alleged cyber‑extortion under Sections 308(3), 351(4), 318(4), 319(2) of the IPC and Section 66D of the Information Technology Act. The applicant claimed he was falsely implicated, that the complaint arose from a phone call impersonating a police officer, and that he had no prior criminal record. The prosecution argued that the applicant was an active member of a cyber‑crime gang, though it could not dispute that a charge‑sheet had already been filed. The court examined the nature of the offences, the material evidence, the risk of tampering or intimidation, and the applicant’s lack of antecedents. Finding that the applicant had made out a case for bail and that there was no likelihood of flight or evidence tampering, the court granted bail with standard conditions. The order directed the applicant to furnish a personal bond and two sureties and to comply with conditions prohibiting intimidation of witnesses, tampering with evidence, and further criminal activity.

Issues considered

Whether bail should be granted in a case involving offences under the IPC and the IT Act, considering the nature and severity of the alleged cyber‑extortion.
Whether the applicant poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Indian Penal Code — s. 308(3), 318(4), 319(2), 351(4)
Information Technology Act — s. 66D

Subjects

bail
cyber crime
extortion
Information Technology Act
Indian Penal Code
non‑bailable offence
flight risk
evidence tampering

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27801 of 2025

Gaffar Khan
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Rahul Gaur, Santosh Kumar Shukla
Counsel for Opposite Party(s) : G.A.

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Rahul Gaur, learned counsel for the applicant and Shri Ajai
Singh, learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicant Gaffar Khan,
with a prayer to enlarge him on bail in Case Crime No.09 of 2025, under
Sections 308 (3), 351 (4), 318 (4), 319 (2) BNS and 66 D of I.T. Act,
registered at Police Station-Cyber Crime, District-Firozabad, during
pendency of trial.

Learned counsel for the applicant submits that the accused applicant is
innocent. He has been falsely implicated in the present case and is
languishing in jail since 28.06.2025. Learned counsel for the applicant
submits that a First Information Report was lodged with the allegation
that on 04.03.2025 first informant received a call from Mobile No.
7400989709. The caller introduced himself as an officer of Jaipur Police,
threatened him that an inquiry is going on against him and if he wants to
save himself he would pay money and under the said threat first informant
deposited Rs. 45,500/- and 35000/- in account no. 0919010013056359
provided by the caller. Later on more money was demanded by the caller
then first informant has lodged the present First Information Report.
Learned counsel for the applicant submits that during investigation name
of the applicant has been surfaced with the allegation that E-mail I.D.
([email protected]), which belongs to the applicant, has been
used in the said crime. After arguing at length, learned counsel for the
applicant submits that the applicant is languishing in jail since last more
than seven months, charge sheet has been filed in the present case on
25.07.2025 and charges have been framed on 26.08.2025 and there is no
need of further custodial interrogation of the applicant. Applicant has no
criminal antecedent and there is no likelihood of his fleeing from course
of justice or tampering with evidence in case of release on bail. Hence,
bail has been prayed for.
BAIL No. 27801 of 2025
2

Per contra, learned A.G.A. has opposed the bail prayer of the applicant by
contending that the applicant is an active member of a gang indulging in
cyber crime but could not dispute the fact that in the present case charge
sheet has been filed in the present case and the applicant has no criminal
antecedent.

Considering the nature of the offence, material/evidence brought on
record, complicity of the accused, severity of punishment, the
submissions made by the learned counsel for the parties, the Court is of
the view that the applicant has made out a case for bail. The bail
application is allowed.

Let the applicant-Gaffar Khan, involved in aforesaid case crime be
released on bail on his furnishing a personal bond and two local sureties
each of the like amount to the satisfaction of the court concerned, subject
to the following conditions:-

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.

In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.

(Ashutosh Srivastava,J.)
February 23, 2026
Deepak/

Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…