Allowed

Preetam Kumar S/O Satyaveer Singh v. State of Rajasthan

Rajasthan HC2 Apr 2024CRLMB/3213/2024

Case brief

AI extract

What is this about?

The Court allowed bail for an accused charged with cheating and breach of trust in an online fraud case. Relying on factual reports showing funds were received by a co-accused and the case being triable by a Magistrate, the Court granted bail. The application under Section 439 CrPC was allowed.

What did the court decide?

Accused enlarged on bail on furnishing personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Preetam Kumar S/O Satyaveer Singh Vs State of Rajasthan — Cheating and Forgery | Rajasthan HC (2024)

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(1 of 3) [CRLMB-3213/2024]

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[2024:RJ-JP:15272]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 3213/2024 Preetam Kumar S/o Satyaveer Singh, Aged About 29 Years, R/o Village Maharampur, Saulana, Police Station Sultana, District Jhunjhunu. (At Present Accused Petitioner Confined In Central Jail, Jaipur).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Anupam Sharma For Respondent(s) : Mr. Suresh Kumar-PP Mr. Sumit Kumar Jain-complainant

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order

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02/04/2024

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The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.44/2024 registered at Police Station Mansarovar, District Jaipur (South) for the offence(s) under Sections 420 and 406 of IPC and Section 66-D of IT Act.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in the case. He further submits that no amount was transferred in the account of present accused-petitioner and he has not committed any fraud with the complainant or any other person. Learned counsel further submits that accused-petitioner is in custody since long and custodial investigation against the accused-petitioner has been completed and further investigation may take considerable time. He further submits that against co-accused Sumit Kumar Yadav, in

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S.B. Criminal Miscellaneous Petition No.1347/2024 vide order dated 15.03.2024, the proceedings in the present FIR were quashed and set aside. Learned counsel further submits that the matter is exclusively triable by the Magistrate, therefore, the benefit of bail may be granted to the accused-petitioner.

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Per contra , learned Public Prosecutor as well as learned counsel appearing on behalf of complainant vehemently oppose the bail application.

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Learned counsel for the complainant submits that accusedpetitioner is involved in the present matter and accused-petitioner has received huge amount by sending link to the complainant. He further argues that accused-petitioner, in conspiracy with coaccused Amit Kumar, Director of Greenarmy Foundation, has created a fake link on whatsapp and facebook in the name of T Rowe Price Capital and Indira Brokerage D-88 and thereafter, send the links to various numbers and accumulated huge amount from the complainant and other customers. The investigation against the accused-petitioner is still pending. Therefore, considering the huge amount involved in the matter, the bail application of the accused-petitioner may be dismissed.

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Heard and perused the factual report. 6. In the factual report, it is stated that Account No.922010013609692 is in the name of Greenarmy Foundation and was being operated by accused Amit Kumar. It is also stated in the factual report that in the said account, amounts to the tune of Rs.6,51,100/-, Rs.4,99,800/- and Rs.4,98,600/- were received and the said amount was deposited by the complainant Anil Kumar. Similarly, in the account of Greenarmy Foundation, Chirawa

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Jhunjhunu and in the other accounts, some amount have been transferred by the complainant. The account stated in the factual report does not belong to the accused-petitioner and is in the name of main accused Amit Kumar and other persons.

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From the perusal of the factual report, it is also revealed that SIM No.8233272784 linked with the Account No.922010013609692, also belongs to other co-accused Amit Kumar.

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Considering the arguments advanced by the learned counsel for the parties and looking to the fact that main allegation of obtaining money through forged whatsapp/facebook links is against the other co-accused Amit Kumar and amount was also received in the account operated by co-accused Amit Kumar, without expressing anything on the merits of the case and also considering the fact that matter is exclusively triable by Magistrate, I deem it just and proper to enlarge the accusedpetitioner on bail.

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Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Preetam Kumar S/o Satyaveer Singh in connection with FIR No.44/2024 registered at Police Station Mansarovar, District Jaipur (South) shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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4-Rahul Joshi

Preetam Kumar S/O Satyaveer Singh v. State of Rajasthan

Case brief

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Preetam Kumar S/O Satyaveer Singh v. State of Rajasthan

Case brief

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