Allahabad High Court
Akash Bansal And Another vs State Of U.P. on 19 January, 2021
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46292 of 2020 Applicant :- Akash Bansal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Chaudhary,Rohit Nandan Pandey Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the informant and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.791 of 2020, under Sections 420 I.P.C. & Section 66D Information Technology Act, 2000, Police Station Sector-49 NOIDA, District Gautam Budh Nagar.
Learned counsel for the applicants submits that according to F.I.R. version by means of international call and on request of informant Rs.2,00000/- in each account, A/c No.143901507338 IFSC CODE ICICI0001439 and A/c No.159569517187 IFSC Code INB01335 of Anil Shriwas were fraudulently transferred from SB/AC/NO-126601000068 of Vandana Jain ICICI Bank Ltd. Branch Shivpuri Hapur Road Meerut and A/c No.SB/AC/NO-126601000066 IFSC Code ICICI0001266 of Monika Jain ICICI Bank Ltd. Branch Shivpuri Hapur Road, Meerut. He submits that an F.I.R. was lodged under Sections 420 I.P.C. & Section 66D Information Technology Act, 2000, thereafter, Sections 467, 468, 471 I.P.C. were added. He further submits that neither mobile which was used for obtaining money belongs to the applicants nor it is recovered from the possession of the applicants, nor the money has been transferred to their account. He further submits that on 24.09.2020 including the applicants, two other persons namely Harshit Ramola and Ankit Ramola were arrested. From the possession of applicant Akash Bansal, a cheque book of Bandhan Bank account holder Rajkumar, A/c No.10200005356894 and a debit card No.5089681581720810 Rajkumar of Bandhan Bank and from the possession of Akash Kansal, a mobile of Xiaomi and a cheque book of Bandhan Bank account holder Rakesh A/c No.10200005355686, one adhar card, a JIO device imei No.911618500402273 and a laptop, makbook white colour Serial No.FBFY 9891WK were recovered. Recovered mobile phone imei1 were verified from available data of the cyber office then it was found that mobile phone Jiomi Poko of Ankit Ramola, imei1 8660210464811957, imei2 866021046481965 were used from 01.08.2020 to 03.08.2020 in mobile No.7465057495, regarding which a Case Crime No.610 of 2020, under Section 420 I.P.C. & 66D I.T. Act is registered in the police station Sector-49 and in Case Crime No.791/2020, under Sections 420 I.P.C. and 66 D I.T. Act registered in P.S. Sector-49, in the data available in the cyber cell imei1 86602046481957, imei2 86602046481965, Rs.4,00000/- were fraudulently transferred in the both accounts and for both accounts registered mobile number 9569517187 imei No.86602046481965 are available. It is also submitted that Rs.17,6000/- has been recovered from co-accused Harshit. The applicants have not committed the alleged offence. They have been falsely implicated in the present case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicants and are languishing in jail since 24.09.2020.
Per contra, learned A.G.A. opposed the bail prayer of the applicant and submits that the applicant has committed the alleged offence, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, alleged recovery from the applicants being not connected with the case, without expressing any opinion on merit of the case, the applicants are entitled for bail, let the applicants- Akash Bansal and Akash Kansal involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicants 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 they under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure they presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against they, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants are 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 they in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.1.2021 Jitendra