Chattisgarh High Court
Habibullah vs State Of Chhattisgarh on 5 May, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1465 of 2022
Habibullah S/o Ibrahim Aged About 24 Years R/o Village
Pandiriya, Police Station Ahilyapur, Teh. Gande, District- Giridih,
Jharkhand
---- Petitioner
Versus
State Of Chhattisgarh Through Station House Officer, Police
Station Ambikapur, District- Sarguja, Chhattisgarh.
---- Respondent
For Applicant Mr. Arun Kumar Shukla, Advocate For Respondent/State Mr. BP Banjare, Dy. GA SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board 5/5/2022
1. Heard.
2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.1322/2021, registered at Police Station Ambikapur, District Sarguja (CG) for the offence punishable under Section 420 of the IPC and Section 66D of the I.T. Act.
3. The prosecution case is that the complainant while registering his business in Zomato App, received a fake call and a link was sent to his mobile number and thereafter, from his account, an amount of Rs.53,800/- was deducted. On investigation, the 2 present applicant was arrested and on his memorandum, modus operandi of the crime was revealed and various mobiles were recovered.
4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The FIR has been lodged against unknown persons. The applicant is in jail since 9.1.2022, therefore, he prays for releasing the applicant on regular bail.
5. On the other hand, learned counsel for the State opposes the bail application, He submits that the allegation against the applicant is serious in nature and he is involved in cyber crime, therefore, he may not be released on regular bail.
6. Having heard learned counsel for the parties and considering that the allegations are serious in nature relating to cyber crime, I am not inclined to release the applicant on regular bail.
7. The application is dismissed.
Sd/-
( Deepak Kumar Tiwari) Judge Shyna