Allahabad High Court
SHAHNWAZversusSTATE OF UP
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court allowed the bail application, granting bail to the applicant subject to bond and sureties.
Summary
The applicant, Shahnwaz, sought bail in a criminal case (Crime No. 725 of 2026) involving alleged cyber fraud under Sections 318(4), 61, 317(2) of the IPC and Section 66(D) of the Income Tax Act. The prosecution alleged that Rs. 49,000 was transferred to the applicant's account. The applicant claimed innocence, no knowledge of the fraud, and no prior criminal record, and pledged to cooperate with the trial. The State opposed bail, but the court, after considering the material and arguments, found a prima facie case for bail without expressing an opinion on the merits. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused in a cyber fraud case under Sections 318(4), 61, 317(2) IPC and Section 66(D) Income Tax Act, considering the prima facie evidence and the applicant's claim of innocence.
Legislation cited
- Income Tax Act — s. 66(D)
- Indian Penal Code — s. 317(2), 318(4), 61
Subjects
- bail
- cyber fraud
- Section 66(D) Income Tax Act
- prima facie
- sureties
- conditions of bail
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31862 of 2026
Shahnwaz
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Brajesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.78 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Brajesh Kumar Singh, learned counsel for the applicant, Sri
Arun Kumar Mishra, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.725 of 2026, under Sections
318(4), 61, 317(2) BNS and Section 66(D) of I.T. Act, Police Station
Dakshin, District Firozabad, during the pendency of trial.
4. As per prosecution story, an amount of Rs.49,000/- is stated to have been
transferred to the account of the applicant.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
applicant had no knowledge that any cyber fraud has been committed. He is
not the part of said cyber fraud gang. The applicant has no criminal history
and is in jail since 13.7.2026. He undertakes to cooperate with the trial and
not misuse the liberty of bail.
6. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
7. Considering the facts and circumstances of the case, submissions made by
BAIL No. 31862 of 2026
2
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
8. Let the applicant- Shahnwaz, be released on bail in the aforementioned
case crime on furnishing a personal bond and two sureties to the satisfaction
of the court concerned, subject to verification of sureties, with the conditions
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 9, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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