HIMANSHU CHAUDHARYversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 34793 of 2025

Himanshu Chaudhary
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Ashok Kumar Mishra, Gaurav Singh
                                Sirohi, Girish Chandra Shukla, Sani
                                Kumar
Counsel for Opposite Party(s) : G.A.

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

Heard learned counsel for the applicant and Shri Arimardan Yadav,
learned A.G.A. for the state and perused the records.

The instant bail application under Section 483 of the BNSS, 2023, has
been filed seeking enlargement on bail in Case Crime No. 143 of 2025,
under Sections 316 (2) 318 (4), 3 (5), 238 BNS and 66, 66D of I.T. Act,
Police Station-Kotwali, District-Etawah, during the pendency of the trial
before the Court below. The bail application of the applicant before the
Court below has been rejected by the learned Ist Additional Sessions
judge, Etawah, vide order dated 06.08.2025 and the applicant is
languishing in jail since 20.07.2025.

Learned counsel for the applicant has vehemently argued that the
applicant is entirely innocent and has been falsely implicated in this very
case crime number for ulterior motives. The First information Report
giving rise to the instant Case Crime Number was lodged by the Inspector
(Crime) namely Shri Krishna Murari nominating 5 persons including the
applicant. One nominated person namely Avlok Sharma managed to
escape. Recovery of 3 mobile phones of different companies, 7 cheque
books of different Banks, 3 Pass Books, 13 Debit/A.T.M. Cards of
different Banks, 3 QR scanners of Indian Bank, 3 PAN Cards, 2 Adhar
Card, one Stamp (Chaudhary Enterprises Firm), 1 Metro Card, one
deposit slip, one registration certificate, GST Registration Letter, One pen
derive Sandisk 32 GB, 1 Car Punch and 1 Motorcycle are alleged to have
been recovered. The applicant has been charged with the offence of
committing Cyber fraud along with the nominated persons.

Learned counsel for the applicant has argued that there is no independent
witness of the alleged recovery from the applicant and other co-accused
persons. It is argued that the applicant has no criminal antecedent and is a
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student preparing for NDA exam. The applicant was fond of online
gaming and also earned reward in the form of money and in order to get
benefit had disclosed his account details on the gaming sites which
appears to have been hacked and Cyber fraud committed. It has also been
argued that the applicant is not beneficiary of the alleged fraudulent
transactions and merely his Bank account have been used as mule account
by cyber fraudsters. It is also submitted that the offence alleged is triable
by Magistrate with maximum punishment of seven years. The
investigation against the applicant is complete and charge sheet has been
submitted on 15.09.2025 and cognizance has also been taken by the Court
concerned on 17.09.2025. Since the charge sheet has already been
submitted the further custodial interrogation is not required. There is no
likelihood of the trial to conclude in the near future. Co-accused Yash
Pratap Singh has been released on bail by coordinate bench of this Court
vide order dated 26.09.2025 passed in criminal Misc. Bail Application no.
33371 of 2025. The applicant undertakes to cooperate in the trial and shall
not misuse the liberty of bail if released. Hence bail has been prayed for.

Per contra, learned AGA has vehemently opposed the bail peal by
submitting that the applicant is involved in cyber fraud. The Investigating
Officer has collected credible evidence against the applicant establishing
the complicity of the applicant in the commission of the crime, however,
he could not dispute the that the applicant has no other criminal
antecedent and charge sheet has already been filed and investigation is
closed against the applicant.

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-Himanshu Chaudhary, 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.
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                                    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.)
                                    January 9, 2026
                                    Deepak/




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