Vishal vs. State Of U.P.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

In the F.I.R. it has been alleged that the informant formed a proprietorship firm in the name of 'MYRA EXPORTS' on 27.4.2024 having GST No. 09AVKPC5828 P2ZW but in fact the firm was not doing any business and no bill was issued by the said firm. C.A. Praveen Bansal used to file GST return pertaining to the said firm and the informant had handed over the e.mail ID and password to the said Praveen Bansal. Subsequently, he came to know that the forged bills in respect of huge amount were issued by the said firm whereas no actual business was being performed by the firm of the informant. The informant further came to know that the email ID and password relating to the said firm had been hacked by some unknown person by playing forgery. On the report of the informant, F.I.R. was lodged under Sections 420, 467, 468, 471 IPC and 66C and 66D I.T. Act on 21.8.2024 at 19.30 p.m. and during investigation name of the present applicant surfaced.

It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The applicant is not concerned with the co-accused in any manner, even he is not concerned with the so called firm. He had not issued any forged GST bill through CA. He has not committed any forgery. Charge under section 132 of GST Act has not been made out during investigation. He has been languishing in jail since 28.1.2025. It is further submitted that co-accused Rajesh Suneja, Aman Prajapati, Utsav Gupta have been granted bail by co-ordinate Bench of this Court; bail orders are produced before the court; case of the applicant stands at par with co-accused persons and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail.

Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and also keeping in view the nature and gravity of the offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, in my opinion it is a fit case to release the applicant on bail.

Let the applicant Vishal involved in case crime no. 47 of 2024 under Sections 420, 467, 468, 471 IPC and 66C/66D I.T. Act, Police Station Cyber Crime, District Saharanpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. 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.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Submissions and observations made in this order are only for deciding the bail application. The trial Court while deciding the trial will not be influenced with the same. Order Date :- 26.5.2025 Dhirendra/ DHIRENDRA KUMAR High Court of Judicature at Allahabad