The Court rejected an application for anticipatory bail filed by Abhishek Jha in a cheating case involving Rs. 26,000 deposited via spam call, finding no justification due to lack of explanation regarding the deposit and withdrawal.
Application for anticipatory bail rejected.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57299 of 2019
Applicant :- Abhishek Jha Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ayush Khanna Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 0349 of 2019, under Sections 406, 420 I.P.C., police station Cantt., District Bareilly.
The special circumstances has been explained by learned counsel for the applicant submitting that the applicant is a resident of Ghaziabad whereas the first information report has come to be registered in Bareilly.
After hearing the learned counsel for the applicant, the Court finds no justification to accord the facility of anticipatory bail upon the applicant bearing in mind the allegation that innocent individuals were duped into depositing Rs. 26000/- in the account of the applicant by way of a spam telephone call. There is no explanation proffered as to how the aforesaid deposit came to be made in the account of the applicant and withdrawn on the very next day. The prayer so made is refused.
The application consequently stands rejected .
Order Date :- 20.12.2019 faraz
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant who was apprehended by a deposit of Rs. 26,000 into his account via spam call.
1 provisions across 1 enactments
Abhishek Jha
Yashwant Varma
As recorded by the court registry
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