The court rejected the applicant's bail application under Section 439 Cr.P.C. in a cyber fraud trial, finding him a beneficiary of an illicit transaction and distinguishing his case from that of an accused who had already been granted bail.
Bail application rejected; applicant remains in jail.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53264 of 2022
Applicant :- Sonu Mandal Opposite Party :- State of U.P. Counsel for Applicant :- Kailash Pati Singh Yadav,Sheo Prasad Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.
The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 0014 of 2021, under Sections 419, 420, 467, 468, 471 and 120-B I.P.C. and 66C I.T. Act, Police Station- Cyber Crime, District- Azamgarh, during the pendency of the trial.
Sri. Vikas Sahai, learned A.G.A. for the state makes various submissions based on the counter affidavit filed on behalf of the State.
It is contended on behalf of the State that an amount of Rs. 25,000/- was transferred in the bank account of the applicant on 16.05.2021 bearing Account No. 50190023936940 maintained at Bandhan Bank Branch, New Town, P.O. Jamtara, Jamtara, Jharkhand-815351. The said amount was transferred by Gulshan Kumar bearing Account No. 03861000033506 maintained at Punjab and Sind Bank Juhu Mumbai.
Counsel for the applicant submits that the applicant was not named in the first information report. The co-accused, Avneesh Singh alias Vikas has been granted bail by this Court in Criminal Misc. Bail Application No. 48387 of 2021 ( Avneesh Singh alias Vikas vs. State of U.P.) vide order dated 09.02.2022. The applicant is in jail since 11.09.2022.
After hearing counsel for the parties, prima facie, this Court finds that on 16.05.2021, from the bank account of the husband of the informant, money was transferred in the account of Gulshan Kumar bearing Account No. 03861000033506 maintained at Punjab and Sind Bank Juhu Mumbai. Thereafter, Rs. 25,000/- was transferred in the account of the applicant bearing Account No. 50190023936940 maintained at Bandhan Bank Branch, New Town, P.O. Jamtara, Jamtara, Jharkhand-
Cyber offence poses a serious menace to the society. In the instant case, entire retiral benefits of the husband of the informant got wiped out in no time. The case of the applicant is distinguishable from that of the co-accused, Avneesh Singh alias Vikas.
Without expressing any opinion on the merits of the case, this Court does not consider it appropriate to grant bail to the applicant. The bail application is, accordingly, rejected.
However, it is observed that the trial Court would endeavour to conclude the trial expeditiously.
Order Date :- 20.1.2023 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant in a cyber fraud case involving illicit transaction.
How the case of the applicant differs from that of the co-accused Avneesh Singh alias Vikas.
Colour shows how this judgement treated each authority
Avneesh Singh alias Vikas vs. State of U.P.Distinguished¶10
(Avneesh Singh alias Vikas vs. State of U.P.) vide order dated 09.02.2022
1 provisions across 1 enactments
Sonu Mandal
Vivek Varma
Sachin Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
