Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27509 of 2022

Applicant :- Nitin Kumar Nagar

Opposite Party :- State of U.P.

Counsel for Applicant :- Mohammad Waseem

Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

1. Heard Sri Mohammad Waseem, the learned counsel for the applicant, Sri

Shashi Shekhar Tiwari, the learned Additional Government Advocate and

perused the record.

2. The instant application has been filed seeking release of the applicant on bail

in Case Crime No. 89 of 2022, under Sections 420, 406 IPC, Police Station

Lanka, District Varanasi during pendency of the trial in the Court below.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on

31.03.2022 by the informant alleging that the applicant came to the informant's

shop and asked him to transfer an amount to his account and that in lieu thereof,

he will either pay cash or will transfer the amount through online transfer. The

informant sent Rs. 80,600/- though upi. i.d. No. 774199100@ybl but when he

asked the applicant to re-pay the same, the applicant tried to run away from the

shop but he was caught by some passers by and he was brought to the Police

Station. It is alleged in the F.I.R. that the mobile phone had been formatted so

that no evidence could be available. In the statement of the victim recorded

under Section 161 Cr.P.C. he has reiterated the F.I.R. version.

4. In the affidavit filed in support of the bail application, it has been stated that

the applicant has been falsely implicated in the present case and he has no

criminal history and he is languishing in jail since 31-03-2022.

5. The learned counsel for the applicant has submitted that the F.I.R. does not

disclose the account number of the informant from which the amount has been

transferred and it does not disclose the account number in which the amount has

been transferred. He has further submitted that the F.I.R. allegations are

absolutely vague and it does not show that whose mobile phone has been

formatted and as to how by merely formatting the mobile phone, the transaction

history of a certain bank account can be erased.

6. The learned counsel for the applicant has further submitted that the allegations

levelled in the F.I.R. prima facie appear to be concocted as no person would

transfer an amount in anybody's bank account merely for being re-transferred

through online transfer.

7. Per contra, the learned Additional Government Advocate has opposed the

prayer for grant of bail.

8. Having regard to the aforesaid facts and submissions and keeping in view the

fact that the amount is alleged to have been transferred to upi. i.d. of the

applicant, that even as per the F.I.R. allegations, the applicant had agreed to re-

transfer the amount through online transfer and that the applicant has no

criminal history, prima facie, at the most, it appears to be a simple money

dispute, more so when there is no allegation of an intention to cheat since

inception of the transaction.

9. In light of the preceding discussion and without making any observation on

the merits of the case, the instant bail application is allowed.

10. Let the applicant Nitin Kumar Nagar be released on bail in Case Crime No.

89 of 2022, under Sections 420, 406 IPC, Police Station Lanka, District Varanasi

on furnishing a personal bond and two sureties each in the like amount to the

satisfaction of the court below, subject to the following conditions:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court on the date fixed, unless

personal presence is exempted.

(iv) The applicant shall not directly or indirectly make inducement, threat or

promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the Court to any police officer or tamper with the

evidence.

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