Allahabad High Court
AZIM ANSARIversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application is allowed, and the accused is entitled to be released on bail.
Summary
Azim Ansari applied for bail in a cyber‑crime case (Criminal No. 46 of 2025) alleging he hacked a bank account and siphoned Rs.42.5 lakh, with a recovered car linked to the proceeds. The FIR was lodged on 8‑Dec‑2025 and the accused has been in custody since 13‑Sep‑2026. The prosecution argued the seriousness of the offences under the Banking and Financial Services (BNS) provisions and Section 66D of the IT Act, while the defence contended that the only incriminating material is a disclosure statement of a co‑accused and no direct evidence ties the applicant to the crime. The Court noted the lack of substantive evidence against the applicant, referred to Supreme Court bail policy in Girish Gandhi (2024) and Policy Strategy for grant of bail (2024), and granted bail without addressing the merits of the case. The applicant was ordered to be released on personal bond with two sureties.
Issues considered
- Whether bail should be granted in a cyber‑crime case where the only evidence is a co‑accused's disclosure statement.
- Whether the seriousness of the offences under BNS provisions and IT Act precludes bail.
- Application of Supreme Court precedents on bail policy to the present case.
Legislation cited
- Banking and Financial Services (BNS) — s. 317(2), 318(4), 336(3), 338, 340(2), 61(2)
- Information Technology Act — s. 66D
Subjects
- bail
- cyber crime
- IT Act
- Banking and Financial Services
- disclosure statement
- co‑accused testimony
- Supreme Court bail policy
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35170 of 2026
Azim Ansari
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Harendra Yadav, Shivam Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Harendra Yadav, learned counsel for accused applicant and
learned A.G.A. for the State.
2. The present bail application has been moved by the applicant accused-
Azim Ansari to enlarge him on bail in Case Crime No. 46 of 2025, under
Sections 318(4), 317(2), 338, 336(3), 340(2), 61(2) of BNS and Section
66D of IT Act, P.S.- Cyber Crime, District- Varanasi during the pendency
of trial.
3. It is the contention of learned counsel for accused applicant that the
FIR has been lodged on 8.12.2025 by Sri Madan Mishra informant with
the allegation that his account with Central Bank has been hacked by
some anonymous persons and Rs.42,50,000 has been siphoned off from
his account. It is further contended that the accused applicant has been
apprehended along with other co-accused and there is recovery of a brand
new Brezza Car from the applicant, which is stated to be purchased by the
money, which was siphoned off. It is further contended that except the
disclosure statement, there is nothing incriminating against the accused
applicant whose name has been figured out from the statement of co-
accused. The investigation is continuing. The applicant has three cases
criminal history, wherein, in two cases, he is on bail and in one case, he
has been acquitted. The applicant is languishing in jail since 13.9.2026.
He seeks enlargement of accused on bail.
4. Learned A.G.A. has opposed the bail application.
BAIL No. 35170 of 2026
2
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering that the name of the accused applicant has been figured
out from the statement of the co-accused and except the disclosure
statement, there is nothing incriminating against the accused applicant,
the accused applicant is entitled to be enlarged on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
October 1, 2026
Krishna*
Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad
Checking your session…