Harsh Arya vs State Of U.P.

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

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 36 of 2026, under Sections 319(2), 318(4), 336(3), 340(2) of the B.N.S. and Section 66D of the I.T. Act, Police Station- Chiluatal, District- Gorakhpur, during the pendency of the trial.

3. The learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. Learned counsel further contends that the applicant has been nominated in the First Information Report (FIR) along with nine other accused persons. Co-accused, Saloni Yadav, Suraj Kumar Tiwari, and Ashwani Kumar Maurya, who have been named in the FIR, have been granted bail by this Court in Bail Application Nos.8327 of 2026, 8960 of 2026 and 8571 of 2026, respectively. The case of the applicant stands on a similar footing. The learned counsel for the applicant further contends that the applicant has not received any proceeds of the alleged cyber fraud in his account.

4. The learned A.G.A. has opposed the prayer for bail and has contended that the recovery of large amount of laptops, mobile phones, cheque books, pass-books and other material has been made from the possession of the applicant and the co-accused. The applicant and the other accused were running an illegal call centre and committing cyber theft. The learned A.G.A., however, has not been able to point out any criminal antecedents of the applicant nor dispute the fact that similarly situated co-accused have been granted bail by this Court.

5. I have considered the submissions made by the learned counsel for the parties.

7. Taking into account the entire facts and circumstances of the case, especially the fact that similarly situated co-accused, Saloni Yadav, Suraj Kumar Tiwari, and Ashwani Kumar Maurya have been granted bail by this Court, and the applicant who is in jail since 23.01.2026 having no criminal antecedents, without expressing any opinion on the merits of the case, a prima case for bail is made out.

8. Let the applicant - Harsh Arya, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the Court concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the trial Court, unless his personal appearance is exempted by the Court concerned.

9. In the event of breach of any of the aforesaid conditions, the Court below will be at liberty to proceed to cancel his/her bail.

10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

(Rajiv Lochan Shukla,J.)

May 6, 2026

Kushal