The completion of investigation and filing of charge sheet can influence the court's decision to grant bail.

JUDGMENT

Deepak Kumar agarwal, J. - This is the second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. The first application was dismissed as withdrawn vide order dated 03.01.2022 in M.Cr.C.No.61510/2021.

The applicant was arrested on 26.11.2021 in connection with Crime No.226/2020 by Police Station Cyber Cell, District Gwalior (MP) for the offence punishable under Section 420 of IPC and section 66-D of IT act.

As per prosecution case, on 2.11.2020 complainant Durgesh Singh Bhadoria lodged a written complaint before S.P., Cyber Cell, Gwalior that he is having credit card of SBI. On 2.11.2020 at 12.29 PM he telephoned customer care No.18601801290 to discontinue CPP plan. They informed that his plan has been cancelled and one call will come to his phone. afterwards, at 1.09 PM a call came from phone No. 7429588960 saying that he is calling from customer care SBI and had taken his card number and OTP number. afterwards, from his account four times Rs.2499, 40,000/-, 42,000/- and Rs.16662/- respectively have been debited. On his complaint, FIR under section 420 IPC and Section 66-D IT act has been registered against telephone holder of Mobile No. 7429588960 and two others and the matter was investigated. During investigation, applicant-accused Tanveer Saifi, Resident of a-192, Dewri Road, Khan Road, South Delhi was apprehended and he stated that on 2.11.2020 in his account No. 677802010013020 Rs. 20,000/- has been deposited. He was arrested and pass book was seized. after investigation, charge sheet has been filed.

Learned counsel for the applicant submits that applicant is ready to deposit Rs.20,000/- to the account of the complainant. It is further submitted that now investigation has been completed and charge-sheet has been filed and conclusion of trial will take time. He undertakes to cooperate in trial and to abide by the conditions which may be imposed by this Court. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Both the advocates are heard through video conferencing. Looking to the facts & circumstances of the case, without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant deposits Rs.20,000/- to the account of complainant Durgesh Singh Bhadoria, S/o Jai Singh Bhadoria and furnishes bail bond of Rs.1,00,000/- (Rupees One Lakh only) with one local surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Certified copy as per rules.