Allahabad High Court
ANISH AHMADversusSTATE OF U.P.
- Decided
Holding
Bail is granted to the applicant under the conditions specified.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Anish Ahmad, who was implicated in a cyber‑fraud case (Crime No. 19 of 2025) involving sections 308(2), 318(4), 319(2), 61(2) of the same Act and sections 66 and 66D of the IT Act. The applicant argued that he was not named in the FIR, that his name only appeared in a co‑accused’s confessional statement, and that he had received a modest sum of Rs.25,000, with no prior criminal record. The State opposed bail, citing the seriousness of the alleged offences. After reviewing the record, the Court found the circumstances suitable for bail without expressing a view on the merits and ordered release on a personal bond with two sureties and several conditions. The order emphasized that any breach of conditions would lead to cancellation of bail and clarified that the order does not prejudice the trial court’s eventual judgment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given that he is not named in the FIR but is mentioned in a co‑accused’s confessional statement.
- Whether the applicant’s lack of criminal history and the modest amount received justify bail despite the serious nature of the charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 308(2), 318(4), 319(2), 483, 61(2)
- Information Technology Act — s. 66, 66D
Subjects
- bail
- cyber fraud
- false implication
- confessional statement
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- Information Technology Act
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30105 of 2025
Anish Ahmad
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Manoj Kumar Singh, Vinod Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Vinod Kumar Srivastava, learned counsel for the applicant, Sri B.P.
Maurya, 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. 19 of 2025 under Sections 308(2), 318(4), 319(2), 61(2) BNS
and 66, 66D I.T. Act registered at Police Station Cyber Crime, District Gautam Budh
Nagar during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant has been
falsely implicated in this case and he is not named in the FIR. It is further submitted
that name of the applicant has surfaced in the confessional statement of co-accused
Mukesh Saxena and during investigation, it has surfaced that he has received
Rs.25000/- in his bank account. It is also submitted that the applicant has no criminal
history and and he has been languishing in jail since 18.3.2025. 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.
5. Applicant is not named in the FIR and as per the FIR, some cyber fraud is said to
have been taken place with the first informant to the tune of Rs.2,39,15,700/- and
name of the applicant has surfaced in the confessional statement of co-accused
Mukesh Saxena. During investigation, it has surfaced that applicant has received
Rs.25000/- in his bank account. Applicant has no criminal history and he is in jail
since 18.3.2025.
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 No. 30105 of 2025
2
bail. Hence, the present bail application is ALLOWED.
7. Let the applicant Anish Ahmad 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.
May 14, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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