The High Court granted bail to the applicant in a cyber crime case involving siphoning of funds. The beneficiary of bail was the lack of direct evidence and the nature of the case, though the applicant was implicated via a co-accused's statement.
Released on bail on furnishing a personal bond and two reliable sureties of like amount subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11466 of 2022
Applicant :- Shabosaha Opposite Party :- State of U.P. Counsel for Applicant :- Kunwar Rajan,Gaurav Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in F.I.R. No. 0005 of 2020, under Sections- 406, 419, 420, 120-B IPC and Sections- 66, 66(C), 66(D) Information Technology (Amendment) Act, Police Station Cyber Crime, District Prayagraj, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 25.02.2021.
Learned counsel for the applicant has submitted that the present case relates to cyber crime. As per the story of the prosecution, an amount to the tune of Rs. 16,78,380/- has been siphoned from the account of the informant. It is further stated that during investigation, the name of the applicant surfaced in the statement of co-accused namely, Chadrabhan. Except the statement of co-accused Chandrabhan, there is no evidence available with the prosecution to connect the applicant with the present crime. The confessional statement based upon which the present applicant has been implicated in the crime, is not admissible in evidence. Based upon case diary as CD No. 4 dated 03.11.2020 it is stated, none of the accounts indicated in C.D. No.4 belongs to the present applicant. This fact has not been refuted by learned AGA. It is further submitted that the maximum punishment provided in relation to the offences indicated in the present FIR is seven years. The possibility of conclusion of trial in near future is extremely bleak. The case is triable by the Magistrate. In these circumstances, the applicant is entitled to be released on bail.
It is next submitted that there is no possibility of tampering of any evidence. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the
investigation.
Learned A.G.A., on the basis of instructions, opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid aspects of the case.
Considering the rival submissions of learned counsel for parties, material available on record, as well as totality of facts and circumstances and keeping in mind that the name of the applicant surfaced in the statement of co-accused and C.D. No.4 and without expressing any opinion on the merit of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Shabosaha be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 6.5.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.05.07 14:31:06 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, falsely implicated in a cyber crime case with no direct evidence other than a co-accused's statement, is entitled to bail.
Whether the maximum punishment of seven years and the bleak prospects of trial conclusion justify bail granting.
3 provisions across 3 enactments
Shabosaha
Saurabh Lavania
Ashish Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
