Aman Agarwal vs State of U.P. — Cheating and Forgery | Allahabad HC (2026)

Aman Agarwal vs State of U.P. — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Bail granted to Aman Agarwal: release on executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, subject to four conditions (not tampering with evidence; not indulging in criminal activity; not pressurising/intimidating prosecution witnesses and cooperating in trial; regular appearance on every date fixed by the trial court unless exemption granted); the court below is at liberty to cancel bail on breach of any condition.

Issue for consideration

Whether the applicant Aman Agarwal, in custody since 29.06.2025 in Case Crime No. 19 of 2025 (Sections 318(4), 336, 338, 340 BNS and Section 66-D IT Act, P.S. Cyber Crime, District Hapur), is entitled to enlargement on bail, this being his second bail application after rejection of the first on 02.12.2025.

Court's answer

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

Ratio / Principle

The bail application is allowed; the accused-applicant Aman Agarwal 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 before the trial court), with liberty to the court below to cancel bail on breach of any condition.

Detailed headnote1 paragraphs

Bail — second bail application — Case Crime No. 19 of 2025, P.S. Cyber Crime, District Hapur, under Sections 318(4), 336, 338, 340 BNS and Section 66-D of the IT Act — applicant in jail since 29.06.2025; first bail application rejected vide order dated 02.12.2025 in Criminal Misc. Bail Application No. 24918 of 2025 — charge sheet filed 21.08.2025, cognizance taken 26.09.2025, no witness examined so far — held, considering the nature of accusations, severity of punishment, nature of supporting evidence, apprehension of tampering with witnesses and prima facie case, and without commenting on merits, a case for bail made out — application allowed; applicant to be released on personal bond and two reliable sureties each, subject to conditions, with liberty to the court below to cancel bail on breach.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 3735 of 2026

Aman Agarwal

	Versus .....Applicant(s)
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Kushagra Srivastava, Shahrukh
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Shahrukh, learned counsel for the applicant and Shri Arimardan Yadav, learned AGA for the State and perused the entire material available on record.

This is a second bail application on behalf of the applicant Aman Agarwal, seeking enlargement on bail in Case Crime No. 19 of 2025, under Sections 318 (4), 336, 338, 340 of BNS and Section 66-D of the IT Act, Police Station-Cyber Crime, District-Hapur, during the pendency of the trial before the Court below. First bail application was rejected by this Court vide order dated 02.12.2025 passed in Criminal Misc. Bail Application No. 24918 of 2025 and the applicant is languishing in jail since since 29.06.2025.

Learned counsel for the applicant while pressing the 2nd bail plea has reiterated the entire submissions made at the time of pressing the 1st bail plea. He further submits that the applicant was not named in the First Information Report nor has any role to play in the offence alleged. He has no Criminal antecedent and has been arrested on suspicion and on the informantion of the informer. The First Information Report itself is delayed by 28 days. No independent witness has taken the name of the applicant. The charge sheet against the applicant has already been filed on 21.08.2025 and the Court concerned has also taken cognizance of the same on 26.09.2025. However, no witness has been examined so far. The applicant is languishing in jail since 29.06.2025 having no criminal history. hence bail has been prayed for.

BAIL No. 3735 of 2026

2

Learned AGA has vehemently opposed, but could not dispute the aforesaid facts.

Considering all those 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, Aman Agarwal , 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.)

February 26, 2026

Deepak/

Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad