Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42257 of 2021 Applicant :- Akhilesh Kumar Prajapati Opposite Party :- State of U.P.
Counsel for Applicant :- Nand Lal Yadav,Prem Chandra Counsel for Opposite Party :- G.A.,Anil Kumar Dubey,Ram Milan Dwivedi With Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41012 of 2021 Applicant :- Mukesh Prajapati Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.,Anil Kumar Tiwari,Ram Milan Dwivedi
Hon'ble Ajay Bhanot,J.
Both the instant Criminal Bail Applications are being heard together.
Heard Shri Prem Chandra, learned counsel for the applicant-Akhilesh Kumar Prajapati and Shri Rajneesh Pandey, learned counsel holding brief of Shri Arvind Kumar, learned counsel for the applicant-Mukesh Prajapati, Sri Anupam Anand, learned brief holder for the State and Shri Ram Milan Dwivedi, learned counsel for the complainant/informant.
A first information report was lodged as Case Crime No.09 of 2021 at Police Station-Cyber Crime, Police Thana Banda, District-Banda under Sections 406, 419, 420, 411 IPC and Section 66C of the Information Technology Act.
The bail application of the applicant-Akhilesh Kumar Prajapati and the applicant/Mukesh Prajapati rejected by learned Sessions Judge, Banda on 18.08.2021 and 25.08.2021 respectively. The applicants is in jail since 29.06.2021, pursuant to the said F.I.R.
The applicant/Akhilesh Kumar Prajapati had got recorded his mobile number in the bank form filled up by the informant. The transfer of amount was facilitated through the mobile number of the applicant/Akhilesh Kumar Prajapati. The applicant/Akhilesh Kumar Prajapati has not been able to account for the aforesaid proceedings made from his phone number without consent of the informant. The informant is a poor farmer and has been cheated of Rs.1,82,893/-.
The applicant-Mukesh Prajapati used the said phone number to process the money transfer from the bank of the informant. The money was transferred by the said applicant to his own relative. The said transfer of money was done without consent and knowledge of the informant who has been thus cheated of Rs.1,82,893/-.
After some arguments, Shri Prem Chandra, learned counsel for the applicant-Akhilesh Kumar Prajapati and Shri Rajneesh Pandey, learned counsel holding brief of Shri Arvind Kumar, learned counsel for the applicant-Mukesh Prajapati on the basis of instructions jointly undertake to repay the amount to the extent of Rs.1,82,893/- which was paid by the informant (without prejudice to their defence in the trial) to the informant within a period of six months. Apart from the instant case, the applicants does not have any criminal history. Lastly it is contended by the learned counsel for applicants that the applicants shall not abscond and will fully cooperate in the criminal law proceedings. The applicants shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A. as well as Shri Ram Milan Dwivedi, learned counsel for the complainant/informant could not satisfactorily dispute the aforesaid submissions from the record. they, however, do not dispute the fact that the applicants do not have any criminal history apart from this case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicants and hold that the applicants are entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail applications are allowed.
Let the applicants, namely, Akhilesh Kumar Prajapati and Mukesh Prajapati involved in Case Crime No.09 of 2021 at Police Station-Cyber Crime, Police Thana Banda, District-Banda under Sections 406, 419, 420, 411 IPC and Section 66C of the Information Technology Act, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants shall deposit a bank draft of Rs.1,82,893/- in favour of the informant before the Chief Judicial Magistrate, Banda.
2. The learned Chief Judicial Magistrate, Banda shall make over the aforesaid bank draft to the informant.
3. In case the aforesaid amount is not deposited within a period of six months from today, the bail of the applicants stand cancelled without recourse to this Court. An order to be passed by the learned Chief Judicial Magistrate, Banda that the bail condition of deposit of the amount has not been fulfilled and the applicants are liable to be arrested.
4. The applicants will not tamper with the evidence during the trial.
5. The applicants will not influence any witness.
6. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
7. The applicants 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 them from disclosing such facts to the Court 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.
Order Date :- 23.12.2021 Ashish Tripathi