The Allahabad High Court has rejected the bail application of Faridabad’s Aman Kumar, accused of cheating and the beneficiary of an illicit transaction.
A single-judge bench of Justice Vivek Varma passed this order while hearing a Criminal Misc Bail Application filed by Aman Kumar.
The bail application has been filed with a prayer to enlarge the applicant on bail in Case under Sections- 420, 120-B IPC, and section 66-D Information technology Act, Police Station Jajmau, District Faridabad.
On 18.11.2022, the Court granted interim bail to the applicant and directed the State to file a counter-affidavit. A counter-affidavit/ personal affidavit has been filed by the Commissioner of Police, Commissionerate, Kanpur Nagar. No rejoinder affidavit to the counter-affidavit filed by the State has been filed.
It is contended on behalf of the State that from the SBI bank account of the informant amounts of Rs 60,000, Rs 40,000 and Rs 92,500 were transferred online to the bank account of the applicant maintained in Union Bank of India, Ballabgarh, district Faridabad, Haryana on 20.6.2021, 28.6.2021 and 30.6.2021 respectively.
The counsel for the applicant submitted that the said account was not opened by the applicant and no amount was withdrawn. Co-accused Ashwani has been granted bail by the Court in Criminal Misc Bail Applicant order dated 4.1.2023. The applicant has been in jail since 27.7.2022 having no criminal history to his credit. In case he is enlarged on bail, he will not misuse the said liberty.
“After hearing counsel for the parties, prima facie, the Court finds that a total amount Rs 1,92,500 was credited online in the account of the applicant maintained in Union Bank of India Ballabgarh, district Faridabad, Haryana. The said amount was transferred from the bank account of the informant. Thereafter, the amount was withdrawn by the applicant on different dates. The mobile number of the brother of the applicant Ashwani was also linked with said account. The Permanent Account Number and the Aadhaar card of the applicant are annexed along with the account opening form of the bank. All the said documents bear the signature of the applicant. The said documents have also been annexed along with the counter-affidavit.
The applicant is a beneficiary of the illicit transaction. So far, as the case of co-accused Ashwani Kumar is concerned, the case of the applicant is clearly distinguishable from him.
In view of the above, without expressing any opinion on the merits of the case, the Court does not consider it appropriate to grant bail to the applicant,” the Court observed while rejecting the bail application.