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Neutral Citation No. - 2025:AHC:87164 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7127 of 2025 Applicant :- Jasveer Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This bail application has been given by the accused applicant Jasveer Kumar in Case Crime No. 81 of 2024, under Sections 318(4), 61(2) of B.N.S. and Section 66- D of I.T. Act, P.S.- Cyber Crime, District Meerut. According to prosecution version, informant A.K. Agrawal lodged FIR on 26.10.2024 at Police Station Cyber Crime with averment that on 29.8.2024 whatsapp call and messages were received from Anaya Sharma and Ritesh Jain from their different mobile numbers; on their suggestion and guidance he transferred Rs. 50,000/- as primary amount to Kotak Mahindra Bank account mentioned in FIR and subsequently on request of Customer Service Manager, different amounts were transferred by the informant in different accounts provided by them and total Rs. 1,73,25,000/- was transacted in 22 online transactions till 10.10.2024; he was told that shares of Hundai Motors India Ltd. were allotted to him. Inasmuch as Rs. 9,52,074/- were freezed in the account even he tried to withdraw the amount from his account but only Rs. 10 lakhs was transferred to his account on 21.10.2024. Learned counsel for the applicant has submitted that the accused applicant has been falsely implicated in this case. There is no documentary evidence in support of the contention that he is beneficiary of alleged fraudulent transaction. No amount was transferred from the account of informant to his account. He also submitted that police submitted charge-sheet against him together with co-accused persons without any cogent evidence. I.O. has stated that amounts were transferred from the account of informant to the account of Jeetu Kumar, Deepak, Rajuram and Sama Jafar. He also submitted that applicant has not been assigned any prior criminal history. Applicant is languishing in jail since 5.12.2024 and undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial. Learned A.G.A. has vehemently opposed the prayer of bail and submitted that extracts of the case diary are filed alongwith counter affidavit.
The applicant is one of the accused in the present case who used to open the account in the name of
other persons and on the pretext to give them commission, take entire bank documents and used to give to one Syal resident of Kolkata and as such several accounts were provided by the applicant to Syal for he used to take money from Syal Rs. 10,000/- per transaction which proves involvement of the applicant in the commission of offence. The applicant has provoked co-accused persons in whose account money has been transferred. Having heard the submission of learned counsel of both sides, considering the fact of the case and period of detention, offences are maximum punishable upto seven years and without commenting on the merits of the case, I find it to be a fit case for bail. Let applicant be released on bail in aforesaid case crime on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/ court concerned, subject to following conditions:- (i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad