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Allahabad High Court
Harsh Vardhan Gupta vs State Of U.P. on 30 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:100468 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16147 of 2025 Applicant :- Harsh Vardhan Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Siddarth Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Siddharth Jaiswal, learned counsel for the applicant and Sri Vinay Kumar Pandey, learned AGA, who appears for the State.
2. This is an application under Section 483 of the BNSS filed on behalf of applicant- Harsh Vardhan Gupta for enlarging on bail in connection with Case Crime No. 04 of 2025, under Sections 66, 66D I.T. Act & 61(2), 318(4) of BNS, P.S. Cyber Crime Police, Police Station Shamli, District Shamli.
3. The bail application of the applicant has been rejected on 25.04.2025.
4. The learned counsel for the applicant has argued that a first information report came to be lodged against the applicant along with other co-accused being FIR No. 98 of 2025 under Sections 318, 338, 336, 340, 61(2), 3(5) of the BNS and Section 66-D of the I.T. Act. Thereafter, the applicant has been enlarged on bail on 27.05.2025 in Bail Application No.2205 of 2025 by the court below. He further submits that with respect to the present criminal case is concerned, though a first information report was lodged being number “0004 of 2025” on 01.02.2025 under Sections 318(4) of the BNS and Section 66 read with Section 66D of the I.T. Act, but the applicant was not marked as an accused, however, on a confessional statement made by one Mohan Singh, who was also not an accused marked in the said FIR, name of the applicant stood surfaced. Learned counsel for the applicant submits that the applicant is innocent and no incriminating material was recovered from the applicant. Learned counsel for the applicant has further invited attention towards para-29 of the application, so as to contend that except the Case Crime no.98 of 2025 in which the applicant has been enlarged on bail, there is no other criminal case is pending.
5. Learned A.G.A. on the other hand submits that whatever might be, the applicant is involved in the criminality and he further submits that the applicant along with other accomplice have acted as a gang and this is there modus operandi to cheat the innocent citizens. However, he could not dispute the fact that barring the case, in which the applicant has been enlarged on bail, there is no criminal case and further the applicant is in jail since 25.02.2025. The order dated 27.05.2025, passed in Bail Application No.2205 of 2025 is kept on record and marked as Appendix ‘A’.
5. Considering the submissions of the learned counsel for the rival parties prima facie the applicant is entitled to be enlarged on bail as the applicant does not possess any other criminal history except the one discussed above and he is languishing in jail since 25.02.2025.
8. Let applicant- Harsh Vardhan Gupta be released on bail in Case Crime No04 of 2025, under Sections 66, 66D I.T. Act & 61(2), 318(4) of BNS, P.S. Cyber Crime Police, Police Station Shamli, District Shamli, on his furnishing a personal bond with two sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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 court. In case of default of this condition, it shall be open for the trial court to treat it as an abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
9. It is further directed that the identity, status and residence proof of the sureties be verified by the authority concerned before they are accepted.
10. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Court Judge in forming his independent opinion based on the testimony of the witnesses.
11. Accordingly, the bail application is allowed.
Order Date :- 30.6.2025
N.S.Rathour
(Vikas Budhwar, J)
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