Himanshu Chaudhary Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34793 of 2025

Himanshu Chaudhary

.....Applicant(s)

	Versus
State of U.P.			.....Op P	posite arty(s)
Counsel for Applicant(s)	: Ashok Sirohi, Kumar	Kumar Girish	Mishra, Gaurav Chandra Shukla,	Singh Sani
Counsel for Opposite Party(s)	: G.A.

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Court No. - 68

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HON'BLE ASHUTOSH SRIVASTAVA, J.

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Heard learned counsel for the applicant and Shri Arimardan Yadav, learned A.G.A. for the state and perused the records.

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The instant bail application under Section 483 of the BNSS, 2023, has been filed seeking enlargement on bail in Case Crime No. 143 of 2025, under Sections 316 (2) 318 (4), 3 (5), 238 BNS and 66, 66D of I.T. Act, Police Station-Kotwali, District-Etawah, during the pendency of the trial before the Court below. The bail application of the applicant before the Court below has been rejected by the learned Ist Additional Sessions judge, Etawah, vide order dated 06.08.2025 and the applicant is languishing in jail since 20.07.2025.

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Learned counsel for the applicant has vehemently argued that the applicant is entirely innocent and has been falsely implicated in this very case crime number for ulterior motives. The First information Report giving rise to the instant Case Crime Number was lodged by the Inspector (Crime) namely Shri Krishna Murari nominating 5 persons including the applicant. One nominated person namely Avlok Sharma managed to escape. Recovery of 3 mobile phones of different companies, 7 cheque books of different Banks, 3 Pass Books, 13 Debit/A.T.M. Cards of different Banks, 3 QR scanners of Indian Bank, 3 PAN Cards, 2 Adhar Card, one Stamp (Chaudhary Enterprises Firm), 1 Metro Card, one deposit slip, one registration certificate, GST Registration Letter, One pen derive Sandisk 32 GB, 1 Car Punch and 1 Motorcycle are alleged to have been recovered. The applicant has been charged with the offence of committing Cyber fraud along with the nominated persons.

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Learned counsel for the applicant has argued that there is no independent witness of the alleged recovery from the applicant and other co-accused persons. It is argued that the applicant has no criminal antecedent and is a

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BAIL No. 34793 of 2025

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student preparing for NDA exam. The applicant was fond of online gaming and also earned reward in the form of money and in order to get benefit had disclosed his account details on the gaming sites which appears to have been hacked and Cyber fraud committed. It has also been argued that the applicant is not beneficiary of the alleged fraudulent transactions and merely his Bank account have been used as mule account by cyber fraudsters. It is also submitted that the offence alleged is triable by Magistrate with maximum punishment of seven years. The investigation against the applicant is complete and charge sheet has been submitted on 15.09.2025 and cognizance has also been taken by the Court concerned on 17.09.2025. Since the charge sheet has already been submitted the further custodial interrogation is not required. There is no likelihood of the trial to conclude in the near future. Co-accused Yash Pratap Singh has been released on bail by coordinate bench of this Court vide order dated 26.09.2025 passed in criminal Misc. Bail Application no. 33371 of 2025. The applicant undertakes to cooperate in the trial and shall not misuse the liberty of bail if released. Hence bail has been prayed for.

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Per contra, learned AGA has vehemently opposed the bail peal by submitting that the applicant is involved in cyber fraud. The Investigating Officer has collected credible evidence against the applicant establishing the complicity of the applicant in the commission of the crime, however, he could not dispute the that the applicant has no other criminal antecedent and charge sheet has already been filed and investigation is closed against the applicant.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, 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- Himanshu Chaudhary , involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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

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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.

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BAIL No. 34793 of 2025

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

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(Ashutosh Srivastava,J.)

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January 9, 2026

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Deepak/