Supreme Court – Daily Orders
Nishant Roy vs State Of U.P on 21 August, 2025
Author: Dipankar Datta
Bench: Dipankar Datta
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. 3666/2025
[Arising out of SLP (Crl.) No. 9968/2025]
NISHANT ROY APPELLANT
VERSUS
STATE OF U.P. RESPONDENT
ORDER
1. Leave granted.
2. The High Court of Judicature at Allahabad,
by the impugned judgment and order dated 08 th
May, 2025 has rejected the appellant’s second
application for bail.
3. The appellant was arrested on 07 th May,
2024 in connection with FIR No.08/2024 dated
27th April, 2024 registered at Police Station
Signature Not Verified
Digitally signed by
rashmi dhyani pant
Date: 2025.08.23
12:40:37 IST
Reason:
Crl. Appeal No.3666/2025 1
Cyber Crime Prayagraj, District CCHQ under
Sections 406, 506, 419, 420 & 384 of the
Indian Penal Code, 1860 and Sections 66C &
66D of the Information Technology Act, 2008.
4. It appears that charges are yet to be
framed against the appellant despite charge-
sheet under Section 173(2) of the Code of
Criminal Procedure, 1973, having been filed on
27th June, 2024.
5. We have heard Mr. Siddhartha Dave,
learned senior counsel appearing for the
appellant as well as Mr. Adarsh Upadhyay,
learned counsel appearing for the State of
Uttar Pradesh.
6. Recoveries have been made from the
appellant. The offences are magistrate triable.
7. Taking an overall view of the matter, we
are of the considered opinion that the
appellant need not be detained in custody any
longer and that he could be admitted to an
order for release on bail pending trial.
Crl. Appeal No.3666/2025 2
8. Accordingly, we set aside the impugned
judgment and order.
9. The appellant shall be released on bail
subject to such terms and conditions as may
be imposed by the trial court.
10. In the event there is any breach of the
terms and conditions for grant of bail, the trial
court shall be at liberty to cancel the bail of the
appellant.
11. It is also ordered that the appellant shall
diligently attend proceedings of the trial,
unless exempted. If he abstains from attending
the proceedings without justifiable cause, that
could also be seen as breach of the conditions
for grant of bail and the trial court will be free
to pass appropriate orders.
12. We clarify that the observations made in
this order and grant of bail will not be treated
as findings on the merits of the case.
13. The appeal is, accordingly, allowed on the
aforesaid terms.
Crl. Appeal No.3666/2025 3
14. Pending application(s), if any, shall stand
disposed of.
……………………………………..J.
(DIPANKAR DATTA)
……………………………………..J.
(AUGUSTINE GEORGE MASIH)
New Delhi;
August 21, 2025.
Crl. Appeal No.3666/2025 4
ITEM NO.15 COURT NO.7 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.)
No(s).9968/2025
[Arising out of impugned final judgment and order
dated 08-05-2025 in CRMBA No.14384/2025 passed by
the High Court of Judicature at Allahabad]
NISHANT ROY Petitioner
VERSUS
STATE OF U.P. Respondent
(With I.A. No.159864/2025-EXEMPTION FROM FILING
O.T.)
Date : 21-08-2025 This matter was called on for
hearing today.
CORAM :
HON’BLE MR. JUSTICE DIPANKAR DATTA
HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIHFor Petitioner(s) :Mr. Siddhartha Dave, Sr. Adv.
Mr. Divyesh Pratap Singh, AOR
Ms. Shivangi Singh, Adv.
Mr. Nakul Chengappa, Adv.
Mr. Amit Sangwan, Adv.
Mr. Abhinav Yash Pandey, Adv.
Mr. Bharat Mishra, Adv.
Ms. Tiwari Prashantipriya
Awadhesh, Adv.
For Respondent(s) :Mr. Adarsh Upadhyay, AOR
Crl. Appeal No.3666/2025 5
Mr. Aman Pathak, Adv.
Ms. Pallavi Kumari, Adv.
Mr. Shashank Pachauri, Adv.
UPON hearing the counsel the Court made the
followingO R D E R
1. Leave granted.
2. The appeal is allowed in terms of the signed order.
3. Pending application(s), if any, shall stand disposed of.
(RASHMI DHYANI PANT) (SUDHIR KUMAR SHARMA)
ASST. REGISTRAR-CUM-PS COURT MASTER (NSH)
Crl. Appeal No.3666/2025 6