Allahabad High Court
Chandan Kumar vs State Of U.P. on 20 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 594 of 2023 Applicant :- Chandan Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Supplementary affidavit filed today on behalf of the applicant, is taken on record.
Heard Sri Rajesh Kumar Tiwari, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.13 of 2022, under Sections 419 and 420 IPC and Section 66(C) of Information Technology Act, Police Station Cyber Crime, District Azamgarh during pendency of the trial.
FIR of the present case was lodged on 5.7.2022 under Sections 419 and 420 IPC and Section 66 (C) IT Act against unknown persons and according to the FIR on 2.6.2022 informant received a call and he was told that he will receive one OTP with regard to his pension and thereafter on the next day at about 8.00 AM OTP was asked from him and when he provided OTP then thereafter Rs. Ten Lacs were withdrawn from his account.
Learned counsel for the applicant submitted that applicant is not named in the FIR and during investigation his complicity was revealed through the statement of co-accused Sandeep Chauvey. He further submits that except the statement of co-accused Sandeep Chauvey there is no other evidence against the applicant on record and co-accused Sandeep Chauvey has already been released on bail vide order dated 6.1.2023 passed in Criminal Misc.Bail Application No. 44961 of 2022 and his bail order has been annexed as Annexure-SA2 to the supplementary affidavit filed in support of the present bail application.
He next submitted that applicant is although having criminal history of two other cases but the criminal history of applicant has been explained in paragraph-7 to the supplementary affidavit filed in support of the present bail application. He further submitted that applicant is in jail in the present matter since 2.7.2022 Per contra, learned AGA although opposed the prayerfor bail but could not dispute the fact that the name of applicant was disclosed through the statement of co-accused Sandeep Chauvey, who has already been released on bail by Coordinate Bench of this Court.
I have heard learned counsel for the parties and perused the record of the case.
The name of applicant was disclosed in the present matter through the statement of co-accused Sandeep Chauvey and it appears that except the statement of co-accused Sandeep Chauvey, there is no other evidence against the applicant on record.
Co-accused Sandeep Chauvey has already been released on bail by Coordinate Bench of this Cort vide order dated 6.1.2023 passed in Criminal Misc. Bail Application No. 44961 of 2022.
Although applicant is having criminal history of two other cases but his criminal history has been explained in paratgraph-7 to the supplementary affidavit filed in support of the present bail application and he is in jail in the present matter since July, 2022.
Therefore, from the discussions made above, in my view, applicant is entitled to be released on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant-Chandan Kumar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 20.3.2023 SKM