Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43598 of 2018 Applicant :- Javed And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P and perused the material available on record.
By way of the instant application, the applicants seek bail in Case Crime No.269 of 2018 under Sections 420 I.P.C. and 66 Information Technology Act, Police Station Dibai, District Bulandshahr.
While describing various facets of this case, it has been claimed on behalf of the applicants that the applicants are not involved in commission of the offence. The first information report does not name the applicants. Merely presence of the applicants on the spot at that point of time would not implicate them as accused. No offence of cheating is made out against the applicants. No money, whatsoever, has been withdrawn by the applicants. The applicants were not identified by the informant. If the applicants are admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicants are languishing in jail since 04.10.2018.
Per contra, learned A.G.A. has submitted that in this case, nature of the offence is obvious that no person can be named and only after due inquiry, physique and presence of the applicants who were originally three in numbers standing at ATM Booth have been sighted in CCTV camera and they cheated by withdrawing Rs.10,000/- which withdrawal message was received by the informant on his mobile. In case the applicants are admitted to bail, there is possibility of their absconding and misusing the liberty of bail and the trial may occasion delay. The applicants have criminal history of four cases.
Considered the rival submissions and perused the material brought on record and particular fact that presence of the applicants have been alleged on the spot at the time when offence was committed by them.
In view of above, no good ground is made out for bail. The bail application is rejected at this stage.
The observation made in this bail order shall not be construed to have any reflection on merit of the case.
Order Date :- 28.11.2018 rkg