Pramod and Another vs State of U.P.

The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 19 of 2025, under Sections 318(4), 336, 338, 340 of the Bharatiya Nyaya Sanhita, 2023, and Section 66D of the I.T. Act, Police Station Cyber Crime, District Hapur.

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Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that as per FIR version, the applicant has a credit card of HDFC Bank, with a limit of Rs. 14,00,000/-. On 22.05.2025, it is alleged that someone withdrew Rs. 5,00,000/-, Rs. 5,00,000/- and Rs. 4,00,000/- one by one. He submits that there is delay in lodging the FIR of which no plausible explanation has been submitted. He submits that the applicant is not named in the FIR and his name surfaced during the course of investigation. He submits that no incriminating material has been recovered from the possession of the applicant. He submits that there is no independent witness of the alleged incident. The applicant is languishing in jail since 30.06.2025 The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.

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Per contra, learned A.G.A. has supported the order passed by the Sessions Court and vehemently opposed the prayer for grant of bail to the applicant.

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BAIL No. 28162 of 2025

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2

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He submits that in the investigation it was found that the mobile number of the accused/applicant and other co-accused was used in the aforesaid transaction of money from the credit card of the money. He submits that the applicants is actively associated in the aforesaid crime and has played key role. He further submits that the allegations involved are very serious in nature and the delay in lodging the F.I.R. cannot be said to be fatal to the case at this juncture while considering the application of bail but he could not point out any material to the contrary. He, however, submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with.

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This Court finds that in India, the rapid advancement of technology and the widespread adoption of digital infrastructure have led to a significant rise in cyber-crimes including phishing scams, ransomware attacks, cyber-stalking and data breaches. Initiatives like Digital India have accelerated the country's' digital transformation, but they have also exposed vulnerabilities that cyber-criminals exploit.

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Cyber-crime has been affecting the people across the nation, irrespective of religion, region, education or class. Newspapers, Magazines, You Tube Channels and Social Media are brimming with ordeals of an uncountable number of innocent victim of the cyber-crime, who are defrauded of their hard earned money. Such cyber-crimes are rampant in our society, and must be curbed. Cyber-crime in our country is like a silent virus stealthy, disruptive, and costing society more than just money, but trust, security and progress.

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In view of the above, the Court is not inclined to release the applicant on bail. The bail application is, accordingly, rejected .

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December 2, 2025 pks/deepak

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(Ashutosh Srivastava,J.)

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

Pramod and Another v. State of U.P.

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Pramod and Another v. State of U.P.

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