Akash Kumar vs State of U.P.

A gang of several accused persons, who were collected the bank account details to commit some cyber crime was held by the police after recovering of many incriminating articles from their possessions. The police arrested all the accused persons and on investigation it was found that the members of this gang are indulged in committing crime to grab the money from the innocent persons on the false pretext of providing employment to them and by playing fraud of this type they have grabbed the huge amount of money from several innocent people.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence. Alleged offences are not made out against the applicant. It is further submitted that the police has completely failed to connect the present accused applicant with any offence and except a mobile phone with three sim cards no other incriminating articles were recovered from the possessions of the present accused applicant. The matter is still under investigation. The applicant has no criminal history to his credit. It is further submitted that co-accused persons Madhav and Aman Tripathi have been granted bail by co-ordinate Bench of this Court in Cr. Misc. Bail Application No. 38975 of 2015 and Cr. Misc. Bail Application No. 38997 of 2025 by orders dated 7.11.2025. Claiming parity, pleading false implication it is lastly contended that the accused applicant is languishing in jail since 29.9.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned AGA opposed the prayer for bail. It is submitted

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BAIL No. 37718 of 2025

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2

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that it is a gang of some fraud persons and they grabbed huge amount of money from the innocent persons on the false pretext of providing employment to them but none of the victim has obtained any employment so far.

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Grounds for bail are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and also keeping in view the fact that the present accused has no criminal history to his credit, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 , and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Akash Kumar involved in Case Crime No. 379 of 2025, under Sections 318(4), 111(3), 61(2) B.N.S., P.S.- Trans Yamuna, DistrictAgra be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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i. The applicant will not tamper with the evidence during the trial.

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ii. The applicant will not pressurize/ intimidate the prosecution witness.

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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v. 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.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Submissions and observations made in this order are only for deciding the bail application. The trial Court while deciding the trial will not be influenced with the same.

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November 13, 2025 Fhd

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(Nalin Kumar Srivastava,J.)

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Akash Kumar v. State of U.P.

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Akash Kumar v. State of U.P.

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