Atul Tirkey Vs State of Chhattisgarh

---------------------------------------------------------------------------------------------------------For Applicant : None For State : Mr. Rajeev Bharat, GA

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---------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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25.06.2024

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1. The aforesaid bail applications are being disposed of by this common order as they arise out of Crime No.84/2023 registered at Police Station Dharsinwa, District Raipur for offence under Sections 420 and 34 of the IPC.

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2. When the matter is called out none appears on behalf of the applicants. No representation is made. Even on second call none appears on behalf of the applicants.

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3. These are the second bail applications filed on behalf of the applicants. The earlier bail applications preferred by the applicants have been rejected on merits vide order dated 02.08.2023 passed in MCRC No.3912/2023.

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4. Prosecution case is that Complainant Praveen Kumar Verma lodged FIR at PS Dharsinwa alleging that as an amount of Rs.1,124/- has wrongly been deducted from his Bank account, therefore, he proceeded to report the same and the accused/Applicants had defrauded him through a fake phone call by projecting themselves as representatives of customer care, Axis Bank and thereafter an amount of Rs.7,52,665/- was further deducted from his account. During investigation, one Jitendra Lohara has been apprehended along with the present applicant and from their memorandum statement, incriminating articles like mobile sim, ATM card and Visa debit card were seize, therefore, the offence as aforesaid has been registered against them.

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5. In both the applications it has been mentioned that SLP filed by the co-accused against the dismissal order of this Court was also dismissed by the Hon’ble Supreme Court on 13.12.2023. The present applications have been filed only on the ground that the applicants are in jail since 20.03.2023 i.e. for about 1 year 1 month and the complainant entered in a compromise with the

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applicants and no incriminating articles have been seized from the applicants, therefore considering these aspects applicants may be enlarged on bail.

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6. Per contra , learned counsel for the State vehemently opposes the prayer for bail and submits that earlier bail application of the applicants was rejected on merits and even against the said order, one of the co-accused namely Bhola Kumar Rawani had filed an SLP which was also dismissed by the Hon’ble Supreme Court. He would further submit that this is a Cyber Crime and in a planned manner the public at large has been cheated by making fake phone calls, by projecting themselves as representative of the Bank and various incriminating articles were seized and money has also been seized from the accounts of the present applicants, therefore, this is not a fit case to enlarge the applicants on bail.

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7. Having regard to the aforesaid submissions and considering the facts and circumstances of the case, further considering the role attributed to the present applicants, keeping in mind the fact that the earlier bail application was rejected on merits and SLP preferred by the co-accused before the Hon’ble Supreme Court was also dismissed, this Court is of the view that present is not a fit case for grant of bail.

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8. Accordingly, the Applications are rejected. Sd/-

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(Deepak Kumar Tiwari) Judge

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Priyanka

Atul Tirkey v. State of Chhattisgarh

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Atul Tirkey v. State of Chhattisgarh

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