Vishal Meena @ Manjeet v. State of U.P. Thru. Secy. Deptt. of Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15140 of 2023 Applicant :- Vishal Meena @ Manjeet Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vinod Kumar, learned counsel for the applicant, and Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the record.

¶2By means of the instant application the applicant Deepak Jaiswal seeks bail in Case Crime No. 385 of 2023, under sections 419,420,467,468,471, I.P.C. and Section 66d of the I.T. Act, P.S. Indira Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of a First Information Report (F.I.R.) lodged on 7.11.2023 against nine persons, including the applicant, stating the on the basis of information received from a Mukhbir Police raided a call-center in which the accused persons were working. The applicant and a co-accused person Zeeshan Khan are said to be the owners of that call-center. It is alleged that in their custodial statement the accused persons confessed that they commit online fraud with persons residing abroad through that call-center.

¶4In the affidavit filed in support of the bail-application, it has been stated that the applicant is innocent. He has falsely been implicated in the present case and he has no criminal history.

¶5Learned counsel for the applicant has also submitted that co-accused Arpit Maurya alias Sandesh has been granted bail by an order dated 6.12.2023 passed by this Court in Criminal Misc. Bail Application No. 14372 of 2023 and another co-accused persons, namely, Deepak Jaiswal and Zeeshan Khan have also been granted bail by orders dated 11.12.2023 & 12.12.2023 passed by this Court in Criminal Misc. Bail Application Nos. 14573 of 2023 & 14611 of 2023 respectively.

¶6Learned A.G.A. has opposed the prayer for bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that all other co-accused persons have already been granted bail in the present case including Zeeshan Khan who is said to be co-owner of the call center along with the applicant, besides the custodial confessional statement, there is no material to establish this allegation and that the applicant has no previous criminal history and he is languishing in jail since 06.11.2023 and without making any observation, which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Vishal Meena @ Manjeet be released on bail in the aforesaid Case Crime No. 385 of 2023, under sections 419,420,467,468,471, I.P.C. and Section 66d of the I.T. Act, P.S. Indira Nagar, District Lucknow, be released on bail 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 shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.

¶10In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 21.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench