Allahabad High Court
ELAN KUJURversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed and the accused is released on bail subject to conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Elan Kujur, who was charged under Section 420 of the IPC and Section 66‑D of the IT Act for alleged cyber fraud involving Rs 49,999. The applicant pleaded innocence, asserted that the FIR was initially lodged against an unknown person and that his name surfaced later, and highlighted his clean record and willingness to cooperate. The State opposed bail, citing the seriousness of the offences. The Court, after reviewing the record and without expressing an opinion on the merits, found the case fit for bail and imposed standard conditions including a personal bond, sureties, and non‑interference with witnesses. Consequently, the bail application was allowed, subject to compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to an accused charged under Section 420 IPC and Section 66‑D IT Act
- Whether the applicant's clean record, cooperation, and pendency of trial justify bail despite the nature of the alleged cyber‑fraud
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 420
- Information Technology Act — s. 66-D
Subjects
- bail
- cyber fraud
- Section 420 IPC
- Section 66-D IT Act
- Bharatiya Nagarik Suraksha Sanhita
- personal bond
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35097 of 2025
Elan Kujur
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Renu Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Mangleshwar Verma along with Ms. Renu Sharma, learned
counsel for the applicant, and Shri S.D. Shukla, 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.01 of 2023, under Section
420 of I.P.C. and Section 66-D of I.T. Act, registered at Police Station
Cyber Crime, District Varanasi, during pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that the first information report has
been lodged against unknown and the name of the applicant has surfaced
during investigation and it has been found that Rs.49,999/- has been
received by the applicant in the alleged cyber fraud. It is further submitted
that the charge sheet in this case has already been submitted and he is
ready and willing to cooperate in the investigation. It is further submitted
that the applicant is having no criminal history and applicant is
languishing in jail since 03.09.2025, 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. Per contra learned A.G.A. has opposed the prayer for bail of the
BAIL No. 35097 of 2025
2
applicant.
5. First information report has been lodged against unknown and the name
of the applicant has surfaced during investigation and it has been found
that Rs.49,999/- has been received by the applicant in the alleged cyber
fraud. Charge sheet in this case has already been submitted and he is
ready and willing to cooperate in the investigation. It is further submitted
that the applicant is having no criminal history and applicant is
languishing in jail since 03.09.2025.
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. Hence, the present bail application is
allowed.
7. Let the applicant- Elan Kujur involved in the aforesaid case crime
shall be released on bail on his furnishing a personal bond of Rs. 50,000/-
with two sureties each and one surety must be family members of the
applicant in the like amount to the satisfaction of the Court concerned :-
(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.
BAIL No. 35097 of 2025
3
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.
(Jitendra Kumar Sinha,J.)
April 2, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
Checking your session…