In a bail application under Sections 420 IPC and Section 66D/74 IT Act, the High Court allowed release on bail pending trial, considering prima facie evidence did not establish an offence and a co-accused had already been granted bail.
Release of applicant on personal bond and two sureties with conditions against tampering with evidence and influencing witnesses.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50278 of 2022
Applicant :- Vijay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Om Vikram Singh Chauhan,Abhishek Narayan Pandey,Raj Raghuvanshi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Shiv Om Vikram Singh Chauhan, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned A.G.A. for the State and perused the record.
2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.0389 of 2022, under Sections 420 I.P.C. and Section 66D/74 I.T. Act, P.S. Sikandra, District Agra.
4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 16.6.2022.
6.Having considered the aforesaid facts and submissions and keeping in view the fact that informant had paid money for playing online game in gaming application, 'Dani Data' whereas the police has found that the money had been transferred in connection with another gaming site 'Rummy Online'; that the FIR allegation is that six days after making payment of the money, apps stopped working which prima facie does not make
out a case of commission of any offence and that one of the coaccused person has already been granted bail by this Court, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed .
7.Let the applicant -Vijay Kumar be released on bail in Case Crime No.0389 of 2022, under Sections 420 I.P.C. and Section 66D/74 I.T. Act, P.S. Sikandra, District Agra on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
8.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 15.12.2022
Deepika
Digitally signed by DEEPIKA SINGH Date: 2022.12.17 11:21:13 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail pending conclusion of trial in a case alleging cheque dishonour and online gaming fraud.
Whether the appellant's presence in jail during investigation necessitates granting bail.
Vijay Kumar
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
