HARVINDAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. and perused the record.

(2.) This bail application has been filed by the accused-applicant Harvindar Singh, who is involved in Crime No.172 of 2017, under sections 406,420,467,468,471,411 IPC and Section 66 I.T. Act, Police Station Aliganj, District Lucknow.

(3.) Learned counsel for the applicant submits that first information report was lodged by one Dr. Deepak Kumar Pandey regarding withdrawal of Rs.10,000/- from his account by using a clone ATM. Subsequently, a recovery was made from possession of the accused-applicant alongwith co-accused on 9.5.2017 wherein seven persons were arrested alongwith some mobile sets, swipe machine etc. Confessional statement of accused was recorded wherein it is stated that they used to swipe the ATM of the persons who are interested in Pradhan Mantri Awas Yozna wherein the form was to be obtained after payment of Rs.25/- two ATM cards alleged recovered could not be connected with any crime. No report of forensic science laboratory was obtained till date and which have been observed by this Court in bail No.8269 of 2017 of the accused-applicant. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.