Allahabad High Court

AVANISHversusSTATE OF U.P.

Decided: 5 May 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The bail application is allowed; the applicant is released on bail with a personal bond and specified conditions.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Avanish, who was arrested in a cyber‑fraud case (Case Crime No. 20 of 2025) involving alleged violations of Sections 318(4), 336(3), 340(2), 317(2), 61(2) of the BNS and Section 66D of the Information Technology Act. The applicant claimed innocence, no prior criminal record, and pointed to the fact that a co‑accused, Sandesh, had already been granted bail. The State opposed the bail, but the court, after reviewing the record and noting the pending trial and the applicant’s undertakings, found the case suitable for bail without expressing any view on the merits. Consequently, the court ordered the release of Avanish on a personal bond of Rs. 50,000 with two sureties, subject to several conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent assessment of the case.

Issues considered

Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a cyber‑fraud case involving multiple offences.
Whether the applicant’s lack of criminal history and the prior bail granted to a co‑accused are relevant factors for bail.
Whether imposing conditions such as non‑interference with witnesses and personal appearance suffices to safeguard the trial.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 317(2), 318(4), 336(3), 340(2), 483, 61(2)
Information Technology Act, 2000 — s. 66D

Subjects

bail
cyber fraud
Information Technology Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
surety
witness protection

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41675 of 2025

Avanish
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Raj Kishor Mishra
Counsel for Opposite Party(s) : G.A.

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

1. Rejoinder affidavit to the counter affidavit filed by the learned
counsel for the applicant is taken on record.

2. Heard Sri Raj Kishor Mishra, learned counsel for the applicant
and Sri O.P. Singh, learned AGA for the State-respondents and
perused the record.

3. 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. 20
of 2025, under Sections 318(4), 336(3), 340(2), 317(2), 61(2) BNS
and Section 66D IT Act, registered at Police Station Cyber Crime,
District Kasganj, during pendency of the trial.

4. 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 27.10.2025. It is
further submitted that co-accused Sandesh has already been
granted bail by this Court vide order dated 29.4.2026 passed in
Criminal Misc. Bail Application No. 42303 of 2025. It is further
submitted that FIR has been lodged against unknown and as per
FIR cyber fraud to the tune of Rs. 2,50,000/- is said to have been
committed by some unknown persons and during investigation
names of the applicant and other co-accused have surfaced. It is
BAIL No. 41675 of 2025
2

also submitted that chargesheet has already been submitted. It is
further submitted that applicant is having no 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.

5. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.

6. Co-accused Sandesh has already been granted bail by this
Court FIR has been lodged against unknown and as per FIR cyber
fraud to the tune of Rs. 2,50,000/- is said to have been committed
with the first informant and during investigation names of the
applicant and other co-accused have surfaced. Charge-sheet has
already been submitted.

7. 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.

8. Let the applicant- Avanish 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) recording of statement under Section 351 of
BAIL No. 41675 of 2025
3

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.

9. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.

10. 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 6, 2026
Abhishek

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

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