Allahabad High Court

HEMENDRA SINGHversusSTATE OF U.P.

Decided: 1 April 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The court held that the applicant is entitled to bail.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Hemendra Singh, who was arrested in a cyber‑fraud case involving offences under several sections of the B.N.S. and Section 66‑D of the IT Act. The applicant claimed innocence, highlighted that a co‑accused had already been granted bail, and argued lack of a private complaint and his clean record. The State opposed bail, citing recovery of incriminating items from the accused and a confession. After reviewing the record, the Court, without expressing a view on the merits, found the case suitable for bail and ordered release on personal bond with conditions. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future findings.

Issues considered

Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving multiple cyber‑fraud offences.
Whether the presence of incriminating articles and alleged confession bars the grant of bail.
Whether the bail granted to a co‑accused influences the applicant’s right to bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5), 483
Information Technology Act, 2000 — s. 66-D

Subjects

bail
cyber fraud
Bharatiya Nagarik Suraksha Sanhita
IT Act
Section 483
criminal procedure
presumption of innocence

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 44835 of 2025

Hemendra Singh
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ashish Kumar Srivastava, Ashruti
Kesarwani
Counsel for Opposite Party(s) : G.A.

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

1. Heard Shri Ashish Kumar Srivastava along with Ms. Ashruti
Kesarwani, learned counsel for the applicant and Shri 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. 198 of 2025, under
Sections 3(5), 318(4), 338, 336(3), 340(2) of B.N.S. and Section 66-D of
I.T. 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. It is
further submitted that co-accused Shubham Chauhan Alias Shubham
Singh Chauhan has already been granted bail by this Court vide order
dated 25.03.2026 passed in Criminal Misc. Bail Application No.4770 of
2026. It is further submitted that the role of the applicant is not
distinguishable from the role of the co-accused. It is further submitted that
on some confidential information, the police is said to have recovered
some incriminating articles, like 11 mobiles phones, 4 cheque books, 8
A.T.M. cards and one bank passbook from the possession of the four
accused persons, including the applicant. It is further submitted that no
private complaint has been made by anyone. It is further submitted that
the applicant is having no criminal history and the applicant is
BAIL No. 44835 of 2025
2

languishing in jail since 18.09.2025, 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. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant and it has been submitted by him that various incriminating
articles are said to have been recovered from the possession of the
applicant and the applicant has confessed that the applicant and other co-
accused persons indulged in cyber fraud.

5. Co-accused Shubham Chauhan Alias Shubham Singh Chauhan has
already been granted bail by this Court vide order dated 25.03.2026
passed in Criminal Misc. Bail Application No.4770 of 2026. It is further
submitted that the role of the applicant is not distinguishable from the role
of the co-accused. It is further submitted that on some confidential
information, the police is said to have recovered some incriminating
articles, like 11 mobiles phones, 4 cheque books, 8 A.T.M. cards and one
bank passbook from the possession of the four accused persons, including
the applicant. It is further submitted that no private complaint has been
made by anyone. It is further submitted that the applicant is having no
criminal history and the applicant is languishing in jail since 18.09.2025.

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. In the event of arrest of the applicant- Hemendra Singh 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.
BAIL No. 44835 of 2025
3

(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 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
RKM

Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad

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