Mushriv Alias Aman Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 38214 of 2025

Mushriv Alias Aman

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Sushil Kumar Tewari
Counsel for Opposite Party(s) : G.A.

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Court No. - 69

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HON'BLE JITENDRA KUMAR SINHA, J.

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Heard Shri Sushil Kumar Tewari, learned counsel for the applicant, Shri Chandra Shekhar Saran, learned AGA for the State and perused the record.

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The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant Mushriv Alias Aman, with a prayer to release him on bail in Case Crime No. 2 of 2023, under Sections 419, 420, 467, 468, 471, 506, 120B IPC and Section 66D of Information Technology Act, registered at Police Station Cyber Crime, District Agra, during pendency of the trial.

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It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that applicant is not named in the First Information Report and during investigation his name surfaced and applicant used to activate SIM card sold by one Kanishka Communication and the said Kanishka Communication has not been made an accused. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant is languishing in jail since 01.10.2025, undertakes that he

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BAIL No. 38214 of 2025

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will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant.

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Applicant is not named in the First Information Report. During investigation his name surfaced and applicant used to activate SIM card sold by one Kanishka Communication and the said Kanishka Communication has not been made an accused. The applicant, who is languishing in jail since 01.10.2025, undertakes that he will not misuse the liberty, if granted.

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Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits, a case for bail is made out. Hence, the present bail application is allowed.

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The applicant- Mushriv Alias Aman involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :-

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(i) 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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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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BAIL No. 38214 of 2025

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(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

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(Jitendra Kumar Sinha,J.)

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March 24, 2026

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Aiman

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Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad

Mushriv Alias Aman v. State of U.P.

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Mushriv Alias Aman v. State of U.P.

Case brief

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