Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Bail Matters 1563/2023
STATE Vs. PRADEEP BAIRWA
FIR No. 5 /2023
PS CYBER NEW DELHI
u/S. 420 IPC
22.09.2023
This is an application for regular bail moved
on behalf of applicant Pradeep Bairwa.
Present: Sh. Manoj Kumar Garg, ld. Addl. PP for the
State.
Sh. Ram Naresh, ld. counsel for applicant.
IO absent.
Heard further arguments on the present bail
application.
It is submitted by the ld. Defence Counsel that
applicant is innocent and has been falsely implicated in
the present case. He has clear antecedents and has no
previous involvement. He is in JC since 17.08.2023. He
is 21 years old and works as a daily wager/ beldar. He is
the sole bread earner of his family consisting of his old
aged mother. It is argued that in fact, applicant is
himself a victim. He went to Mumbai in search of job,
where he met some persons who took his documents
and opened the account in his name where the amount
was received. It is submitted that the amount so
….contd.
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received in the account of the applicant was withdrawn
by the said persons. It is further submitted that the IO
has wrongly mentioned that the amount of Rs. 15.63
crores was received in the account of the applicant,
instead it is submitted that the amount of Rs. 1.5 crores
was received in the account of the applicant. It is
submitted that as per the case of prosecution, only Rs.
50,000/- was received from the complainant in the said
account. The amount, if any, has been withdrawn by
the other persons. It is submitted that the applicant is
ready to join the investigation and abide by any
condition imposed by the court. It is prayed that he be
released on bail as he has no role in the entire
transaction as alleged.
Per contra, the application is vehemently opposed
by ld. APP for the State on the ground that the
investigation is at the initial stage and the other co-
accused persons are yet to be arrested.
Yesterday, IO during arguments had admitted that
the amount of Rs. 15.63 crores is wrongly mentioned in
his report dated 14.09.2023 and the order of ld. MM
….contd.
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dated 28.08.2023. It is submitted that the amount of
Rs. 1.5 crores was received in the account of the
applicant between 11.11.2022 to 14.11.2022. The IO
had further admitted that there is only one complainant
in the present FIR and Rs. 50,000/- was transferred by
her in the said account. It was submitted that the
matter is still under investigation as the other accused
persons are yet to be arrested.
Heard. ld. APP for the state, ld. Defence counsel
and perused the application; report of IO and the order
of ld. CMM dated 28.08.2023.
The case of prosecution is that the present
applicant was arrested on 17.08.2023 on the basis of
the complaint filed by complainant Thangalaxmi,
wherein she alleged that on 07.11.2022 she got a link
about part time job offer from Walmart Company on her
Instagram ID. During communication on the said link,
she transferred Rs. 50,000/- in the account as
mentioned in the said link. During investigation, it was
found that the account where the amount was
transferred belongs to the applicant. ….contd.
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As per the report of IO, the applicant is the
permanent resident of Chittorgarh, Rajasthan and the
account where the amount was transferred was got
opened at Mumbai Maharashtra. The entire transaction
of Rs. 1.5 crores happened in the said account within 4
days from 11.11.2022 to 14.11.2022. The applicant has
been arrested from his native village Rajasthan on
17.08.2023. The said account is stated to have been
sealed. As per report of IO, there is no previous
involvement of the present applicant.
Considering the nature of allegations in the
present complaint; the fact that applicant is in JC since
17.08.2023; he has no previous involvement; he is a
young boy aged 21 years old and is the sole bread
earner of his family, the application is allowed. The
applicant / accused Pradeep Bairwa be released on bail
subject to furnishing PB/SB in the sum of Rs. 25,000/- to
the satisfaction of concerned ld. MM and further subject
to the following conditions :
(i) The applicant shall not leave India without prior
permission of the Court.
….contd.
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(ii) The applicant shall intimate the Court by way of
an affidavit and to the Investigating Officer
regarding any change in residential address.
(iii) The applicant shall appear as and when the
matter is taken up for hearing.
(iv) The applicant is directed to give his mobile
number to the Investigating Officer and keep it
operational at all times.
(v) The applicant shall not, directly or indirectly,
tamper with evidence or try to influence the
witnesses in any manner.
The application is disposed off accordingly.
(KIRAN GUPTA)
Addl. Sessions Judge-04
Patiala House Courts
New Delhi/22.09.2023
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