ADIL AKHTAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first application under Sec. 438 of the Code of Criminal Procedure filed by the accused/applicant for grant of anticipatory bail in connection with Crime No.106/2019 registered at Police Station Darima, District Surguja for the offence punishable under Sec. 420 of IPC and Sec. 66D of IT Act.

(2.) Prosecution case, in brief, is that the applicant who is working as an agent under the SBI Bank had obtained the Code, ID and registered mobile number related to the Bank Account of the complainant Indreeyajeet in a fraudulent manner and withdrawn the amount of Rs.53,000.00 from the account of complainant and thereby cheated the complainant. Thereafter, the complainant has filed an FIR. Subsequently, the complainant has also written the letter before the police station that the said amount has been returned to his account and he do not want to pursue the case.

(3.) Learned counsel for the applicant submits that the applicant is innocent has been falsely implicated in the crime in question. He also submits that the applicant has no criminal past. He submits that the concerned amount has already been credited in the account of the complainant. In support of his contention counsel has annexed the relevant bank statement of Mr. Indreeyajeet Singh and submits that the amount of Rs.53,000.00 has been deposited in his account. He placed reliance in the matter of Arnesh Kumar Vs. State of Bihar reported in 2014 AIR SCW 3930 and submits that the offence is punishable up-to 7 years and is triable by Judicial Magistrate First Class therefore, the applicant may be granted anticipatory bail. He submits that the accused/applicant is ready to abide by all terms and conditions imposed on him while granting anticipatory bail.