Allahabad High Court
MUSHRIV ALIAS AMANversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed and the accused is released on bail with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Mushriv alias Aman, who was arrested in connection with a cyber‑crime case involving IPC offences (419, 420, 467, 468, 471, 506, 120B) and Section 66D of the Information Technology Act. The applicant argued that he was falsely implicated, was not named in the FIR, and posed no risk of fleeing or tampering with witnesses. The State opposed bail, citing the seriousness of the charges. After reviewing the record, the Court, without expressing an opinion on the merits, found that a case for bail existed and ordered his release on a personal bond of Rs. 50,000 with two sureties, imposing standard conditions to prevent witness intimidation and ensure his presence at trial. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future judgment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the charges and the fact that he is not named in the FIR.
- Whether the accused poses a risk of flight, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 120B, 419, 420, 467, 468, 471, 506
- Information Technology Act — s. 66D
Subjects
- bail
- criminal procedure
- IPC offences
- cyber crime
- Section 66D
- non‑named in FIR
- surety
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 38214 of 2025
Mushriv Alias Aman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sushil Kumar Tewari
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Sushil Kumar Tewari, learned counsel for the applicant,
Shri Chandra Shekhar Saran, learned AGA for the State 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 Mushriv
Alias Aman, with a prayer to release him on bail in Case Crime No. 2 of
2023, under Sections 419, 420, 467, 468, 471, 506, 120B IPC and Section
66D of Information Technology Act, registered at Police Station Cyber
Crime, District Agra, 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 applicant is not named in the
First Information Report and during investigation his name surfaced and
applicant used to activate SIM card sold by one Kanishka Communication
and the said Kanishka Communication has not been made an accused. It
is next submitted that there is also no possibility of the applicant either
fleeing away from the judicial process or tampering with the witnesses.
The applicant is languishing in jail since 01.10.2025, undertakes that he
BAIL No. 38214 of 2025
2
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
applicant.
5. Applicant is not named in the First Information Report. During
investigation his name surfaced and applicant used to activate SIM card
sold by one Kanishka Communication and the said Kanishka
Communication has not been made an accused. The applicant, who is
languishing in jail since 01.10.2025, undertakes that he will not misuse
the liberty, if granted.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits, a case for bail
is made out. Hence, the present bail application is allowed.
7. The applicant- Mushriv Alias Aman 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 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.
BAIL No. 38214 of 2025
3
(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.
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.)
March 24, 2026
Aiman
Digitally signed by :-
AIMAN FAROOQUI
High Court of Judicature at Allahabad
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