Bail is granted when no substantial evidence against the accused exists, and considering their clean antecedent and custody duration.

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

4 18-12-2025 Heard Mr. Bipin Kumar, learned counsel for the petitioner and Mrs. Sharda Kumari, learned APP for the State.

2. Petitioner seeks regular bail in connection with Giriyak (Katrisarai) P.S. Case No. 271/ 2025 dated 24.06.2025 registered for the offence(s) punishable under Section(s) 318(4), 319(2), 336(3), 61(2), 338, 340(2), 126(2), 115(2) and 132 of the BNS and sections 66(C) and 66(D) of the I.T. Act. 3. The main submissions advanced by the petitioner’s counsel are that the FIR has been registered merely on the basis of suspicion and on account of recovery of two mobile phones from the possession of the petitioner, in respect of which the petitioner failed to produce any relevant document justifying his possession but he was not given sufficient time and opportunity to justify his possession and so far as the alleged offences of the cyber crime and cheating are concerned, no person has come before the police claiming to be a victim of the alleged fraud and further, the petitioner bears no criminal antecedent, against him the investigation has been completed and he has been languishing in jail since 25.06.2025.

4. Though, the learned APP appearing for the State has vehemently opposed the bail prayer of the petitioner but fairly accepts that to substantiate the offences of the cyber crime and fraud, there is nothing on record except the recovery of two mobile phones from the possession of the petitioner and during the course of investigation till the date of submission of the case diary, no one has come before the police claiming to be a victim of any fraud committed by the petitioner.

5. In the facts and circumstances of this case as well as considering the aforesaid submissions advanced by the petitioner’s counsel and mainly taking into account the petitioner’s fair and clean antecedent, his custody period and the completion of investigation against him, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail in connection with Giriyak (Katrisarai) P.S. Case No. 271/ 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J)