Allahabad High Court
ANURAGversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and consequently granted bail.
Summary
The High Court of Allahabad considered a bail application filed by Anurak, who was arrested in connection with Crime No. 237 of 2026 under Sections 318(4), 61(2) of the CrPC and Section 66‑D of the Information Technology Act. The applicant pleaded innocence, claiming he was falsely implicated in a cyber‑fraud case involving a transfer of Rs.1,31,590 to his account, and asserted he had no criminal record. The State opposed bail, but the court, after reviewing the material and hearing counsel, found that the applicant had made a prima facie case for bail. The court therefore granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that the bail grant does not affect the trial on merits and that breach of conditions would lead to cancellation of bail.
Issues considered
- Whether the applicant is entitled to bail pending trial for offences under Sections 318(4), 61(2) CrPC and 66‑D IT Act.
- Whether a prima facie case for bail exists despite the seriousness of the alleged cyber‑fraud.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 61(2)
- Indian Penal Code — s. 318(4)
- Information Technology Act, 2000 — s. 66-D
Subjects
- bail
- Criminal Procedure Code
- Information Technology Act
- cyber fraud
- prima facie case
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31940 of 2026
Anurag
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vindhya Vashini Prasad Rai
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.100 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mohd. Farukh Ansari, Advocate holding brief of Sri Vindhya
Vashini Prasad Rai, learned counsel for the applicant, Sri Pankaj Srivastava,
learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.237 of 2026, under Sections
318(4), 61(2) BNS and Section 66-D I.T. Act, Police Station Fatehganj
West, District Bareilly, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. An
amount of Rs.1,31,590/- is stated to have been transferred to the account of
the applicant in three transactions. The allegations levelled against the
applicant are per se false. He was never a member of any criminal gang
involved in cyber fraud. The applicant has no criminal history and is in jail
since 12.7.2026. He undertakes to cooperate with the trial and not misuse the
liberty of bail.
5. 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.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
BAIL No. 31940 of 2026
2
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.
7. Let the applicant- Anurag, 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.
8. 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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