Ajay Kumar Menon v. State of Punjab
In the High Court of Punjab & Haryana
CRM-M 42194/2018 (O&M)
Before Justice Arvind Singh Sangwan
Decided on April 30, 2019

Relevancy of the case: Bail application for an offence under Section 66 of the Information Technology Act, 2000.

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66)
• Indian Penal Code, 1860 (Section 406, 420)

Relevant Facts of the Case

• The respondent made a complaint against the applicant that representatives of Apps Daily Solution Private Limited approached him for entering into a business agreement for becoming a National Distributor for the sale of an insurance plan.
• The complainant became a distributor and invested ₹3.25 Crores for the purchase of wallet points.
• The applicant failed to provide services and only transferred 1.5 Crore while withholding ₹2.20 Crore. Hence, there was a breach of the terms and conditions of the contract by the applicant.
• Thus, the request to grant bail has been filed.

Prominent Arguments by the Advocates

• The applicant’s counsel stated that the trial court has not framed any charges against the petitioner so far as the co-accused hasn’t been arrested yet.
• The respondent’s counsel agreed to factual situations but opposed bail due to the serious nature of the offence.
• The complainant’s counsel opposed the bail on the ground of another FIR with similar charges being registered against the applicant.

Final Decision

• Petition allowed.
• Bail granted subject to certain conditions.

This case summary has been prepared by Neelangini Tiwari, an undergraduate student at Kirori Mal College, DU, during her internship with The Cyber Blog India in January/February 2021.