BAIL/3839/2026 of PRAMOD KUMAR YADAV Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 3839 of 2026 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 Versus Counsel for Applicant(s) : Om Prakash Mishra, Suraj Mishra Counsel for Opposite Party(s) : G.A. Pramod Kumar Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 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 2 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. May 7, 2026 Abhishek BAIL No. 3839 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad