BAIL/12486/2025 of LALIT KUMAR Vs UNION OF INDIA THRU. C.B.I. on 11 December 2025

1. Counter affidavit filed today is taken on record.

2. Heard learned counsel for the applicant, learned counsel for the C.B.I. and perused the record.

3. The present application has been filed on behalf of the applicant seeking bail in Crime No.RC0732025E0001, under Sections 111, 318, 319, 336 and Section 66-D of the IT Act (r/w 415, 416, 463 of IPC), Police Station - CBI, District - EOB Kolkata.

4. While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case.

5. It is stated that the applicant is having no criminal history, which has not been refuted by the learned counsel for the CBI. It is also stated that the applicant is in jail since 31.07.2025.

6. It is further stated that author of the crime as alleged in the FIR is co- accused Dhruv Kumar Gupta and applicant is innocent as would appear from paragraphs 16.17 to 16.21 of the charge-sheet submitted by the C.B.I., annexed as Annexure No. CA-I.

7. Based upon the above indicated paragraphs, it is stated that the applicant being an employee in a grocery shop of co-accused, Dhruv Kumar Gupta having meager salary, was not in a position to refuse the dictate of the main Versus Counsel for Applicant(s) : Vishal Tahlani Counsel for Opposite Party(s) : Anuuj Taandon Lalit Kumar .....Applicant(s) Union Of India Thru. C.B.I. .....Opposite Party(s)

co-accused Dhruv Kumar Gupta, who committed the crime and withdrew the amount himself from the account of present applicant and also from the account of sister of the applicant namely Mithlesh, who has not been chargesheeted, by using ATM cards.

8. It is further stated that the applicant is 8th pass and he can not be considered to be a conspirator in the crime indicated in the FIR which is a cyber crime.

9. It is further stated that the maximum punishment/sentence which could be awarded by the trial Court if trial Court comes to the conclusion that he is guilty, would be seven years.

10. In these circumstances, the applicant, who has no criminal history and is languishing in jail since 31.07.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses.

11. Learned counsel for the C.B.I. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel.

12. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also that the applicant is having no criminal history and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed.

13. Let the applicant - Lalit Kumar be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :-

(i) The applicant will cooperate with the prosecution during trial.

(ii) The applicant will not tamper with the evidence during trial.

(iii) The applicant will not pressurize/intimidate the prosecution witness(es).

(iv) The applicant shall not commit an offence. BAIL No. 12486 of 2025

(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.

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

(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

14. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

15. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. December 11, 2025 Anurag BAIL No. 12486 of 2025

(Saurabh Lavania,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench