Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.
Learned Counsel for the applicants has submitted that as per the prosecution story, on 20.10.2020, a phone call was received from unknown person by the complainant and on the pretext of activating the SIM card, Aadhar number and PAN number was asked from the complainant thereafter, the complainant received eight text messages with regard to the debit of amount from his bank account. During investigation, the name of the applicants came into light.
Learned Counsel for the applicants has submitted that the applicants are innocent and they has been falsely implicated in this case. The applicants have not committed any offence as alleged in the FIR. The alleged recovery shown by the prosecution is false and fabricated. The charge-sheet has already been filed on 10.04.2021. Learned Counsel again submitted that in similar nature of crime, the accused applicants have been granted anticipatory bail vide order dated 08.06.2021, a copies of which have been filed as Annexure-4 collectively to the rejoinder affidavit. The applicants are in jail since 17.02.2021. In case, the applicants are released on bail, they will appear before the trial court as and when requires and shall also abide by the conditions of bail imposed by this Court.
Per contra, learned AGA has opposed the prayer for bail and submitted that the crime committed by the accused applicants is against society. The amount has been recovered from the possession of the applicant. The relief granted by the High Court of Jharkhand relates to other crime and, therefore, the benefit of that order cannot be given to the applicants. The applicants belong to Jharkhand, therefore, there is a great chance of absconding.
Without entering into the merits of the case and keeping in view the facts and circumstances of the case, arguments advanced by learned Counsel for the parties, the period of incarceration and also there is no reason of apprehension that they would not co-operate with the trial, their presence can not be ensured, they will not tamper with the prosecution witnesses and the evidence in absence of any concrete material, and also the fact that the investigation has already been completed and the charge-sheet has been filed, I am inclined that it is a fit case for grant of bail to the applicant.
Accordingly, the bail application is allowed.
Let the applicants Sankar Mandal and Kailash Mandal be released on bail in FIR No.300 of 2020, Case Crime No.50 of 2021, under Sections 417, 419, 420 IPC and Section 66-C, 66-D of IT Act, 2008, Police Station Aliganj, District Ambedkar Nagar on their furnishing personal bonds of Rs.2 lac each and two heavy sureties each of the like amount to the satisfaction of the court concerned with the following conditions:
(1) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence, if the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;
(2) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(3). In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.
(5) In case of change of mobile number and address of the applicants available with the concerned court and police authority, the same shall be informed forthwith without any default.
Order Date :- 30.7.2021 akverma