PRAMOD KUMAR YADAVversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 3839 of 2026

Pramod Kumar Yadav
                                                       .....Applicant(s)
                                Versus

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

Counsel for Applicant(s)        :   Om Prakash Mishra, Suraj Mishra
Counsel for Opposite Party(s)   :   G.A.

Court No. - 69
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Om Prakash Mishra, learned counsel for the applicant
and Sri Shiv Dutt 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. 56
of 2025, under Sections 318(4), 143(3) BNS and Section 66D of
Information Technology (Amendment) Act, registered at Police
Station Cyber Crime, District Hathras, during pendency of the trial.

3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 21.12.2025. It is
further submitted that FIR has been lodged after a delay of four
and half months. It is further submitted that the first informant
himself is a person of dubious character as the applicant had
furnished Visa and ticket for Thailand and despite going to
Thailand, he went to Rangoon (now Yangon, Myanmar) and
remained there for four months and he was found living in the said
country without proper Visa and he was repatriated to India and on
repatriation an enquiry was directed to be held on the direction of
DGP whether he was residing in Rangoon out of greed or under
compulsion. It is further submitted that applicant is having no
                                                      BAIL No. 3839 of 2026
                              2


criminal history. It is also submitted that the applicant 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. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.


5. As per allegations in the FIR, the applicant is said to have
received money from the first informant on the false promise of
securing a job in the foreign country i.e. Thailand. The applicant is
said to have furnished his Visa and ticket to the first informant for
Thailand, however, the applicant is said to have gone to Rangoon
via river route in improper way and he was found residing in
Rangoon without proper Visa and he was caught and he was
repatriated to India.

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- Pramod Kumar Yadav involved in the
aforesaid case crime 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 with the following
conditions :-

(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
                                                                                         BAIL No. 3839 of 2026
                                                                 3


                                    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.)
                                    May 7, 2026
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad