BAIL/14214/2026 of AVINASH Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14214 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Abhishek Tiwari, learned counsel for the applicant, and Shri B.P. Maurya, 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.34 of 2025, under Sections 318(2), 319(2), 3(5), 338, 308(6) of B.N.S. and Sections 66-C and 66-D of I.T. Act, registered at Police Station Cyber Crime, District Fatehpur, during pendency of the trial. 3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that co-accused Tribhuwan Singh @ Ramsanehi has already been granted bail by this Court vide order dated 09.04.2026 passed in Criminal Misc. Bail Application No.9467 of 2026. It is further submitted that no private complaint has been lodged by any individual and the applicant and two co-accused persons are said to have been arrested on some confidential information received by the police and some electronic gadgets are said to have been recovered from their possession and 34 persons are said to have been arrested on the confessional statement of the applicant and other co-accused persons. It is further submitted that the applicant is languishing in jail since 26.02.2025, 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, Versus Counsel for Applicant(s) : Abhishek Tiwari Counsel for Opposite Party(s) : G.A. Avinash .....Applicant(s) State of U.P. .....Opposite Party(s) 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. 5. Co-accused Tribhuwan Singh @ Ramsanehi has already been granted bail by this Court vide order dated 09.04.2026 passed in Criminal Misc. Bail Application No.9467 of 2026. As per allegations in the first information report, three co-accused persons, including the applicant are said to have been arrested with some electronic gadgets and they have confessed before the police that they are indulged in cyber crime and 34 persons are said to have been arrested on the confessional statement of the applicant and other co-accused persons. It is further submitted that the applicant is languishing in jail since 26.02.2025. 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. Let the applicant- Avinash 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 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 BAIL No. 14214 of 2026 2 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 6, 2026 RKM BAIL No. 14214 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad