DEEPAKversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 38919 of 2025

Deepak
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                           :   Amit Kumar
Counsel for Opposite Party(s)                      :   G.A.

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

1. Heard Sri Amit Kumar, learned counsel for the applicant and Sri B.P.
Singh, 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. 120 of 2025, under
Sections 318(4), 338, 336(3), 340(2), 3(5) BNS and Section 66-D of IT
Act, registered at Police Station Cyber Crime, District Ghaziabad, 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 27.6.2025. It is further submitted that
the it is alleged in the First Information Report that the police, on the
basis of confidential information, apprehended three persons and
recovered certain passbooks, ATM cards and electronic gadgets from
their possession. The arrested accused persons allegedly confessed their
involvement in cyber fraud. The name of the present applicant surfaced
only in the confessional statement of co-accused Aman Agarwal and he
was subsequently arrested. It is further submitted that co-accused Garvit
Tyagi has already been granted bail vide order dated 23.03.2026 passed in
Criminal Miscellaneous Bail Application No. 44577 of 2025. He has a
criminal history of one case, which has been duly explained in the
supplementary affidavit dated 09.12.2025. It is also submitted that the
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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 and submitted that during the course of investigation,
it has emerged that the applicant, along with co-accused persons, was
involved in cheating and that certain screenshots indicating transfer of
money from one account to another have been attributed to him.


5. As per allegations in the FIR, the initial arrest and recovery were made
from co-accused Raman Agarwal, Rahul Sharma and Rahul Yadav, from
whose possession passbooks, ATM cards, and electronic gadgets were
recovered. The implication of the applicant is based solely on the
confessional statement of co-accused Aman Agarwal. Moreover, no
complaint from any private individual alleging cheating or cyber fraud
against the applicant has been brought on record.

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- Deepak 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 charge and (iii)
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                                    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.)
                                    April 2, 2026
                                    KJ




Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad