Dismissed¶13

Kuldeep Giri v. State of U.P.

Allahabad HC20 Mar 2025BAIL/9373/2025

Case brief

AI extract

What is this about?

Allahabad High Court bail application rejected; applicant Kuldeep Giri; Case Crime No. 02 of 2025, P.S. Cyber Crime, District Gautam Buddh Nagar; offences under Sections 318(4), 319(2), 338, 336(3), 340(2), 61(2) B.N.S. and Section 66D I.T. Act; internet/online trading cheating of Rs. 26,11,727/-; Rs. 5,25,000/- traced to applicant's bank account; active participation in offence; FIR named Alisha and Naresh Mishra; co-accused Shadab Hussain arrested; applicant in custody since 23.01.2025; no criminal history; decided 21.05.2025 by Dr. Gautam Chowdhary, J.; Neutral Citation 2025:AHC:85665.

What did the court decide?

In weighing the bail prayer the court took into account the gravity of the offence, the nature of allegations and all attending facts and circumstances of the case. ¶12

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

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Neutral Citation No. - 2025:AHC:85665

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9373 of 2025

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Applicant :- Kuldeep Giri Opposite Party :- State of U.P. Counsel for Applicant :- Ayush Mishra,Yogendra Misra Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, Shri Chandan Singh, learned A.G.A. for the State and perused the record.

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By means of the instant bail application, the applicant, Kuldeep Giri, seeks bail in Case Crime No. 02 of 2025, under Sections 318(4), 319(2), 338, 336(3), 340(2), 61(2) of B.N.S. and Section 66D of I.T. Act, Police Station Cyber Crime, District Gautam Buddh Nagar.

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The F.I.R. was lodged against two persons namely Alisha and Naresh Mishra, with the allegation that both the accused cheated the informant to the tune of Rs. 26,11,727/- in the name of internet trading.

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Learned counsel for the applicant submits that the applicant is not named in the F.I.R. During the course of investigation the Investigating found that Rs. 5,25,000/- was transferred in the account of applicant. Thereafter, the applicant and the co-accused, Shadab Hussain were arrested. Learned counsel for the applicant further submits that none of the bank account wherein the first informant transferred his money belongs to the applicant. Nothing incriminating article was recovered from the possession of applicant at the time of his arrest and false recovery has been implanted upon the applicant with no independent witness. There is no credible evidence against the applicant except his confessional statement. The applicant is in jail since 23.01.2025, with no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail by contending that Rs. 5,25,000/- has beenb transferred into the account of applicant, therefore, there is active participation of applicant in the commission of offence, therefore, he does not

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deserve to be enlarged on bail.

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Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case including the fact that the money of the informant was transferred into the account of applicant, therefore, there is active participation of applicant in the commission of offence. The present bail application has no merit and deserves to be rejected.

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Accordingly, the present bail application filed on behalf of applicant-Kuldeep Giri, is rejected.

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Order Date :- 21.5.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Kuldeep Giri v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kuldeep Giri v. State of U.P.

Case brief

What is this about?

What did the court decide?

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