Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13526 of 2021 Applicant :- Varun Jain Opposite Party :- State Of U,P And Another Counsel for Applicant :- Sunil Kumar Tiwari
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 0001 of 2020, under Section - 66D of the Information Technology Act, 2008 and Sections - 420, 120-B I.P.C., Police Station - Cyber Crime Agra, District - Agra, during the pendency of trial.
Contention in brief, is that, no offence whatsoever has been committed by the applicant. The partnership deed in question was entered after the transaction. Assuming it to be that any there is any partnership deed is existing between the informant and the applicant, even then the applicant was to receive 25% as profit and rest 75 % as profit was to be received by the informant. It so happened that during course of transaction, some money was required to be paid by the informant side, for which, a legal notice was given by the applicant to the informant, copy whereof has been annexed as Annexure No.7 to this application. The informant himself has taken a lot of money from the applicant say to the tune of Rs.13,50,000/- and when the demand was raised by the applicant for payment, a false case was set up against the applicant. In case the applicant is granted anticipatory bail, there is no possibility of misusing the liberty of anticipatory bail.
Per contra, learned A.G.A. has submitted that in far as as contents of the F.I.R. is concerned, it points out and indicates that the king pin and centre point of the offence, who mislead the informant is none other that the applicant. Except him, no other person was in contact with the informant.
In this case, bare perusal of the first information report itself shows that the allegations are specific against the applicant. In case, the applicant has any grievance, he may seek regular bail before the appropriate forum. No good ground is made out for anticipatory bail.
Consequently, the instant anticipatory bail application is dismissed.
It is made clear that observation made in this order shall have no bearing on the merits of the case.
Order Date :- 28.7.2021 S Rawat Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.02 16:12:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad