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

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

What the court decided

AI extract

Outcome

Enlargement on bail of accused-applicant Vikash Kashyap on execution of a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions: (1) not tamper with evidence; (2) not indulge in any criminal activity; (3) not pressurize/intimidate prosecution witnesses and cooperate in the trial; (4) appear regularly on each date fixed by the trial court unless exempted through counsel; breach of any condition entitles the court below to cancel the bail.

Issue for consideration

Whether the accused-applicant Vikash Kashyap, in custody since 11.03.2025 in Case Crime No. 46 of 2025 (Sections 318(4), 338, 336(3), 340(2), 3(5) BNS 2023 and Section 66(D) I.T. Act, PS Cyber Crime, District Ghaziabad), should be enlarged on bail, given that similarly placed co-accused have already been granted bail and the applicant has no criminal antecedents.

Court's answer

Considering the facts and circumstances, nature of accusations, severity of punishment on conviction, nature of supporting evidence, reasonable apprehension of tampering with witnesses and prima facie case, but without commenting on the merit of the case, a case for bail is made out.

Ratio / Principle

The bail application is allowed: the accused-applicant Vikash Kashyap is to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses and cooperation in trial, regular appearance on dates fixed by the trial court); on breach of any condition the court below may cancel the bail.

Detailed headnote1 paragraphs

Bail granted — Vikash Kashyap v. State of U.P., Criminal Misc. Bail Application No. 27489 of 2025 (Allahabad High Court, Ashutosh Srivastava, J., decided 27 October 2025): Single-judge bench allowed bail under Section 483 BNSS 2023 to the accused-applicant in Case Crime No. 46 of 2025, Police Station Cyber Crime, District Ghaziabad, registered under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 66(D) of the I.T. Act. Counsel urged innocence, custody since 11.03.2025, absence of criminal antecedents, and parity with co-accused Rohit Kumar, Akash Shishodiya, Yaqoob, Deepak Thakur and Mohd. Sartaj already enlarged on bail by the Co-ordinate Bench; the AGA opposed but did not dispute these facts. Without commenting on merits, the court held a case for bail was made out and ordered release on a personal bond and two reliable sureties each, subject to conditions barring evidence-tampering, criminal activity and intimidation of witnesses, and requiring regular trial attendance, with liberty to the court below to cancel bail on breach.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 27489 of 2025

Vikash Kashyap

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Satyam Narayan
Counsel for Opposite Party(s) : G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

Heard learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of the accused-applicant seeking enlargement on bail in Case Crime No. 46 of 2025, under Sections 318(4), 338, 336(3), 340(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 66(D) of the I.T. Act, Police Station Cyber Crime, District Ghaziabad.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 11.03.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Rohit Kumar, Akash Shishodiya, Yaqoob, Deepak Thakur and Mohd. Sartaj have already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 14.10.2025, 06.10.2025, 23.09.2025, 24.09.2025, 09.09.2025 in Criminal Misc. Bail Application Nos. 8184 of 2025, 33650 of 2025, 32701 of 2025, 31870 of 2025 and 24723 of 2025. He submits that the applicant has no criminal antecedent to his credit. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

BAIL No. 27489 of 2025

2

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed .

Let the accused-applicant, Vikash Kashyap, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

(Ashutosh Srivastava,J.)

October 27, 2025

pks

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad