Allahabad High Court
Ashish Agrawal vs State Of U.P. And Another on 14 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6786 of 2023 Applicant :- Ashish Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Omar Zamin Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case; that the alleged fraud and cheating happened at State Bank of India through the State Bank of India employee Chandra Shekhar, who received OTPs from the first informant and subsequently this OTPs were used to embezzle Rs.3,77,495/- from the credit card of the complainant; that the investigation against Chandra Shekhar was not completed by the investigating agency under the pretext that Chandra Shekhar has left bank job and cannot traced; that the investigating agency after perusal of the details of the embezzle amount of credit card came to the conclusion that the embezzled amount was used to purchase four mobile phones which were allegedly purchased on 18.12.2020 from online shopping App Amazon by one Sandeep; that the alleged offences are not made out against the applicant. Applicant is languishing in jail since 13.01.2023 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.
It appears from perusal of the record that applicant is engaged in a business of mobile retail outlet and had purchased all the four mobile phones from another shop. It also appears that these mobile phones were purchased from online shopping app Amazon with the conspiracy of the people who used Paytm wallet and OTPs. Further these four mobile phones were sold in market. The applicant is languishing in jail since 13.01.2023. Grounds for bail are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ashish Agrawal involved in Case Crime No. 42 of 2021, under Section 420 IPC and 66 I.T. Act, P.S.- Kotwali Nagar, District- Hamirpur 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.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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 :- 14.2.2023 Fhd