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AVNEESH JHINGAN
Dheeraj – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Avneesh Jhingan, J (Oral) - Due to COVID-19 situation, the Court is convened through video conference.
2. This petition under Section 439 Cr.P.C. is filed seeking regular bail in FIR No. 14, dated 24th June, 2021, under Sections 406, 419, 420, 467, 468, 471 IPC (Section 201 IPC added later on), registered at Police Station, Cyber Police Station, South Range, Rewari, District Rewari.
3. Brief facts of the case are that Baljit Singh moved a complaint to S.H.O., Police Station Cyber, Rewari. It was alleged that on 16th June, 2021, Nikhil Kumar from Jio Company made a call to him informing about the mobile tower scheme and Rs. 1,750/- were paid to him through PhonePe. Thereafter, Rajesh Chaudhary, posing as boss of Nikhil, called and Rs, 23,500/- and Rs. 19,800/- were paid to him on different dates and total amount of Rs. 1,12,550/- was deposited in the Axis Bank belonging to one Pankaj Gupta. The role attributed to the petitioner is that he got a share of Rs. 87,550/- from the amount collected.
4. Mr. Sandeep S. Majithia, learned counsel for the petitioner submits that petitioner was not named in the FIR. From his alleged share of Rs.87,550/-, amount of Rs. 80,500/- was recovered
The court may grant bail to a petitioner in a case involving allegations of fraud and conspiracy based on factors such as custody period, recovery of a substantial amount, completion of investigation....
The court considered the circumstances of the case, including the petitioner's custody, repayment of the disputed amount, and the stage of investigation and trial, in granting bail.
Bail should be declined only in exceptional circumstances in cases triable by a Magistrate, unless there are serious allegations of the accused absconding from trial or tampering with evidence.
The court established that the duration of custody and the filing of a charge-sheet are critical factors in deciding bail applications under Section 439 Cr.P.C.
The court considered the circumstances, including the marginally beyond commercial limit recovery, in granting bail to the petitioner.
The recovery of the snatched vehicle and a country-made pistol from the petitioner, along with his involvement in other criminal cases, were considered as sufficient grounds to deny bail, emphasizing....
Active participation in online fraud, possession of multiple SIM cards and bank accounts used for fraudulent activities, and the risk of evidence tampering are grounds for denying regular bail.
The court considered the completion of the investigation, lack of specific injury attributed to the petitioner, and the likely duration of the trial in granting regular bail.
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