Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46292

of 2020

Applicant :- Akash Bansal And Another

Opposite Party :- State of U.P.

Counsel for Applicant :- Rahul Chaudhary,Rohit Nandan

Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Ali Zamin,J.

Heard learned counsel for the applicants, learned A.G.A. for the

State as well as learned counsel for the informant and perused

the material on record.

The present bail application has been filed by the applicants

with a prayer to enlarge them on bail in Case Crime No.791 of

2020, under Sections 420 I.P.C. & Section 66D Information

Technology Act, 2000, Police Station Sector-49 NOIDA,

District Gautam Budh Nagar.

Learned counsel for the applicants submits that according to

F.I.R. version by means of international call and on request of

informant Rs.2,00000/- in each account, A/c No.143901507338

IFSC CODE ICICI0001439 and A/c No.159569517187 IFSC

Code INB01335 of Anil Shriwas were fraudulently transferred

from SB/AC/NO-126601000068 of Vandana Jain ICICI Bank

Ltd. Branch Shivpuri Hapur Road Meerut

and A/c

No.SB/AC/NO-126601000066 IFSC Code ICICI0001266 of

Monika Jain ICICI Bank Ltd. Branch Shivpuri Hapur Road,

Meerut. He submits that an F.I.R. was lodged under Sections

420 I.P.C. & Section 66D Information Technology Act, 2000,

thereafter, Sections 467, 468, 471 I.P.C. were added. He further

submits that neither mobile which was used for obtaining

money belongs to the applicants nor it is recovered from the

possession of the applicants, nor the money has been transferred

to their account. He further submits that on 24.09.2020

including the applicants, two other persons namely Harshit

Ramola and Ankit Ramola were arrested. From the possession

of applicant Akash Bansal, a cheque book of Bandhan Bank

account holder Rajkumar, A/c No.10200005356894 and a debit

card No.5089681581720810 Rajkumar of Bandhan Bank and

from the possession of Akash Kansal, a mobile of Xiaomi and a

cheque book of Bandhan Bank account holder Rakesh A/c

No.10200005355686, one adhar card, a JIO device imei

No.911618500402273 and a laptop, makbook white colour

Serial No.FBFY 9891WK were recovered. Recovered mobile

phone imei1 were verified from available data of the cyber

office then it was found that mobile phone Jiomi Poko of Ankit

Ramola, imei1 8660210464811957, imei2 866021046481965

were used from 01.08.2020 to 03.08.2020 in mobile

No.7465057495, regarding which a Case Crime No.610 of

2020, under Section 420 I.P.C. & 66D I.T. Act is registered in

the police station Sector-49 and in Case Crime No.791/2020,

under Sections 420 I.P.C. and 66 D I.T. Act registered in P.S.

Sector-49, in the data available in the cyber cell imei1

86602046481957, imei2 86602046481965, Rs.4,00000/- were

fraudulently transferred in the both accounts and for both

accounts registered mobile number 9569517187 imei

No.86602046481965 are available. It is also submitted that

Rs.17,6000/- has been recovered from co-accused Harshit. The

applicants have not committed the alleged offence. They have

been falsely implicated in the present case. There is no

possibility of the applicant of fleeing away from the judicial

process or tampering with the witnesses and, in case, the

applicants are enlarged on bail, the applicants shall not misuse

the liberty of bail. It is next contended that there is no criminal

history of the applicants and are languishing in jail since

24.09.2020.

Per contra, learned A.G.A. opposed the bail prayer of the

applicant and submits that the applicant has committed the

alleged offence, therefore, he is not entitled for bail.

Considering the facts and circumstances of the case as well as

submissions advanced by learned counsel for the parties,

alleged recovery from the applicants being not connected with

the case, without expressing any opinion on merit of the case,

the applican