In a bail application under B.A. No. 3157 of 2018, the High Court of Jharkhand allowed the petitioner's prayer to be released on bail without monetary amount, despite prosecution allegations of fraudulent E-wallet usage, noting lack of criminal antecedents.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000/- with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 3157 of 2018
Irfan Ansari …. …. Petitioner(s). Versus The State of Jharkhand …. …. Opp. Party(s) ------
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. K.K. Mishra, Advocate FOR THE STATE : A.P.P. ------
03/04.07.2018
Heard learned counsel for the parties. The petitioner is an accused for allegedly committing an offence punishable under Sections 414/419/420/467/468/471/120(B) IPC and Section 66(b), (c), (d) of I.T. Act.
There is an allegation of transferring money by electronic mode in a fraudulent manner from the account of other persons. Petitioner was arrested with mobile. There is no criminal antecedent of the petitioner.
Counsel for the petitioner submits that there is no money transaction through E-wallet.
Learned A.P.P. opposes the prayer for bail and after perusing the case diary submits that E-wallet was present in mobile bearing Mobile No.9064186697 & 8337065924 and the said mobile was recovered from the possession of Asraf Ansari and admits that there is no evidence of money transaction from the account of this petitioner.
Taking into consideration the aforesaid facts, I am inclined to allow this application. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Jamtara in connection with Karmatanr Police Station Case No. 19 of 2018 (G.R. No. 69 of 2018).
(ANANDA SEN, J)
anjali/ C.P 3
1 issue framed by the court
Whether the petitioner, arrested for offences under IPC and I.T. Act regarding alleged fraudulent electronic money transfer, is entitled to bail.
Irfan Ansari
The State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
