Allahabad High Court
RAHUL YADAVversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed and the applicant is released on bail.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Rahul Yadav, who was arrested in a cyber‑fraud case involving Sections 3(5), 318(4), 338, 336(3), 340(2) of the B.N.S. and Section 66‑D of the Information Technology Act. The applicant claimed innocence, no prior criminal record, and pointed to the fact that a co‑accused had already been granted bail. The State opposed bail, alleging that incriminating items were recovered from the accused and that the applicant had confessed to participation in the fraud. After reviewing the record, the Court, without expressing a view on the merits, found the case suitable for bail and ordered its release on a personal bond with strict conditions. The order expressly limited its scope 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 despite the seriousness of the alleged cyber‑fraud offences.
- Whether the recovery of incriminating articles and the alleged confession preclude the grant of bail.
- Whether the grant of bail to a co‑accused with a similar role 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 — s. 66-D
Subjects
- bail
- cyber fraud
- Section 483 B.N.S.
- Section 66-D IT Act
- criminal procedure
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 45420 of 2025
Rahul Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Udai Prakash Deo Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Udai Prakash Deo Pandey, 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 languishing in jail since 18.09.2025, undertakes
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2
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- Rahul Yadav 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.
(iii) The applicant shall remain present, in person, before the trial court on
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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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