Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11648 of 2021 Applicant :- Gangadhar Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Ram Dubey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shiv Ram Dubey, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 0542 of 2020, under Sections 420 of I.P.C. and 66 of I.T. Act, P.S. Phase-2 Noida, District Gautam Budhdh Nagar.
As per F.I.R., it has been stated that the informant is said to have been cheated a sum of Rs. 6,500/- by the accused applicant in the name of providing a BSNL connection by providing a link by accused applicant through which the transaction was done. After having become suspicious, when the informant contacted BSNL office, it was transpired that there was no such site by which the transaction was made.
It has been argued by the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case. It is further argued that the applicant's actual name has been found to be Gangadhar in place of Ashok Kumar by cyber cell and the said fact has come in the parcha no. 6, annexed at page no. 23 of the paper book. It has also come in evidence that the accused applicant had given his ATM to his friend Mukesh Kumar to use his ATM card and it was Mukesh Kumar who has cheated the informant. It is further argued that the co-accused Mukesh Kumar has already been granted bail vide order dated 05.02.2021 by co-ordinate bench of this Court in Criminal Misc. Bail Application No. 7332 of 2021. The accused applicant is in jail since 09.11.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail and apprised that the charge sheet has been submitted against the accused applicant and argued that the accused applicant is the main culprit of the present case.
Looking to the fact that the amount involved in the present case is Rs. 6,500/- which is a small amount, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Gangadhar involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.4.2021 VPS