Allahabad High Court
AMAN AGARWALversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court granted bail to Aman Agarwal subject to personal bond, sureties and specified conditions.
Summary
Aman Agarwal was arrested in connection with a cyber‑crime case (Crime No. 19 of 2025) under Sections 318(4), 336, 338, 340 of the BNS and Section 66‑D of the Information Technology Act. His first bail application was rejected, and he has been in custody since 29 June 2025. In a second bail plea, he argued that he was not named in the FIR, has no criminal antecedents, the FIR was delayed, and no witness statements implicate him. The State opposed bail but could not refute these factual submissions. The court, after weighing the seriousness of the alleged offences, the existence of a prima facie case, and the risk of witness tampering, decided to grant bail subject to personal bond, sureties and strict conditions. The order directs the applicant to appear regularly, not tamper with evidence, not commit further offences, and not intimidate witnesses, with bail cancellable on breach.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail in a case involving serious offences under the BNS and the IT Act?
- Does the applicant's claim of not being named in the FIR and lack of prior criminal record justify bail despite a prima facie case?
- Is there a sufficient risk of witness tampering or evidence interference to deny bail?
Legislation cited
- BNS — s. 318(4), 336, 338, 340
- Information Technology Act, 2000 — s. 66-D
Subjects
- bail
- criminal procedure
- Information Technology Act
- witness tampering
- prima facie case
- personal bond
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 3735 of 2026
Aman Agarwal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kushagra Srivastava, Shahrukh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Shahrukh, learned counsel for the applicant and Shri Arimardan
Yadav, learned AGA for the State and perused the entire material available
on record.
This is a second bail application on behalf of the applicant Aman Agarwal,
seeking enlargement on bail in Case Crime No. 19 of 2025, under Sections
318 (4), 336, 338, 340 of BNS and Section 66-D of the IT Act, Police
Station-Cyber Crime, District-Hapur, during the pendency of the trial before
the Court below. First bail application was rejected by this Court vide order
dated 02.12.2025 passed in Criminal Misc. Bail Application No. 24918 of
2025 and the applicant is languishing in jail since since 29.06.2025.
Learned counsel for the applicant while pressing the 2nd bail plea has
reiterated the entire submissions made at the time of pressing the 1st bail
plea. He further submits that the applicant was not named in the First
Information Report nor has any role to play in the offence alleged. He has no
Criminal antecedent and has been arrested on suspicion and on the
informantion of the informer. The First Information Report itself is delayed
by 28 days. No independent witness has taken the name of the applicant. The
charge sheet against the applicant has already been filed on 21.08.2025 and
the Court concerned has also taken cognizance of the same on 26.09.2025.
However, no witness has been examined so far. The applicant is languishing
in jail since 29.06.2025 having no criminal history. hence bail has been
prayed for.
BAIL No. 3735 of 2026
2
Learned AGA has vehemently opposed, but could not dispute the aforesaid
facts.
Considering all those facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Aman Agarwal, involved in above mentioned
case crime number be released on bail, on his executing a personal bond and
two reliable sureties each, in 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.
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.)
February 26, 2026
Deepak/
Digitally signed by :-
DEEPAK KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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