Sahil vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Sahil vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of the accused/applicant Sahil on bail in Case Crime No. 81 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned; the accused-applicant shall cooperate in the judicial process for fair and speedy disposal.

Issue for consideration

Whether the applicant-accused Sahil, implicated in Case Crime No. 81 of 2024 (alleged cyber fraud relating to online share purchases) for offences under Sections 318(4) and 61(2) of B.N.S. and Section 66-D I.T. Act, should be enlarged on bail.

Court's answer

On prima facie perusal of the record, the accounts of the informant and his wife stand seized with transactions for purchase of shares; the role attributed to the accused is confined to his mobile number being connected to one bank account; his name was figured out from the statement of co-accused Jasveer Kumar, who has already been granted bail; and the accused applicant has no criminal history.

Ratio / Principle

Without touching the merit of the case, the bail application is allowed.

Key takeaways

The accused/applicant is to be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, in view of the Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh and Policy Strategy for grant of bail; the accused-applicant shall cooperate in the judicial process for fair and speedy disposal.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J.; Neutral Citation 2025:AHC:134706) allowed the bail application of Sahil, accused of offences punishable under Sections 318(4) and 61(2) of the B.N.S. and Section 66-D of the I.T. Act in Case Crime No. 81 of 2024, Police Station Cyber Crime, District Meerut. The case arose from an allegation that the informant and his wife invested nearly Rs. 2 crores in shares through an online process and were victims of cyber fraud. The applicant's name surfaced from the statement of co-accused Jasveer Kumar, who had already been granted bail by a coordinate Bench of the Court; the material against the applicant was that his mobile number was connected to a bank account in which certain transactions were made. The applicant was in jail since December, 2024, the charge sheet had been submitted, and he had no criminal history. Without touching the merits, the Court allowed bail, directing release on a personal bond with two sureties each in the like amount in view of the Supreme Court dicta in Girish Gandhi v. State of Uttar Pradesh, (2024) 10 SCC 674, and Policy Strategy for grant of bail in re, (2024) 10 SCC 685, and directed the accused-applicant to cooperate in the judicial process for fair and speedy disposal.

Neutral Citation No. - 2025:AHC:134706

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12155 of 2025

Applicant :- Sahil Opposite Party :- State of U.P. Counsel for Applicant :- Shahabuddin Counsel for Opposite Party :- G.A.

Hon'ble Avnish Saxena,J.

The present bail application has been moved by the applicantaccused Sahil for the offence punishable under Sections 318(4), 61(2) of B.N.S. and Section 66-D I.T. Act in Case Crime No.81 of 2024, Police Station- Cyber Crime, District Meerut.

Sri Shahabuddin, learned advocate appeared for the applicant and submits that the accused applicant has been falsely implicated in the present case. The F.I.R. has been registered against anonymous person. The allegation is such that the informant and his wife had invested nearly Rs. 2 crores for purchase of shares through online process. The name of the accused has been figured out from the statement of one of the co-accused, namely, Jasveer Kumar, who has already been granted bail by the coordinate Bench of this Court. The material, which is collected against the accused is that his mobile number, which is connected to one of the bank account, in which, certain transaction has been made. The accused is in jail since December, 2024. The charge sheet has been submitted. As such, he prays that the accused/applicant be enlarged on bail.

Per contra, learned A.G.A. has opposed the bail application and submits that the matter pertains to cyber fraud and the accused applicant is one of the chain in the cyber fraud. He has nearly invested Rs. 2 crores through e-mode.

This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records.

The perusal of the record prima facie reveals that the accounts of informant and his wife have been seized. There is transaction in their accounts for purchase of shares. The role attributed to the accused is such that his mobile number is connected to one of the

bank account. His name is figured out from the statement of coaccused Jasveer Kumar, who has already been granted bail. The accused applicant is having no criminal history.

Hence, without touching merit of the case, the bail application is allowed .

The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].

The accused-applicant shall cooperate in judicial process for fair and speedy disposal.

Order Date :- 8.8.2025 Shivangi

(Avnish Saxena, J.)

Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad