Arun Verma v. State of Chhattisgarh
In the High Court of Chhattisgarh
MCRC 6731/2022
Before Justice Deepak Kumar Tiwari
Decided on November 24, 2022

Relevancy of the case: Bail application in a case involving cheating and dishonest inducement for delivery of property via a forged call

Statutes and Provisions Involved

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

Relevant Facts of the Case

• The petitioner, along with the co-accused, cheated the complainant through a forged call and obtained a huge sum of money.
• He filed this bail application after the first bail application.
• The court had earlier dismissed the first bail application in MCRC 9213/2021. Further, the court directed that the petitioner negotiate at least 50% of the amount obtained through cheating with the complainant to be eligible for bail.

Prominent Arguments by the Advocates 

• The petitioner’s counsel argued that he was innocent. Moreover, the parties have reached an amicable settlement. The petitioner has transferred a certain amount to the complainant. The counsel further contended that the applicant has been in jail for 3 months and, thus, should be granted bail considering his pre-trial detention.
• The respondent’s counsel submitted that the court should reject the bail application due to the seriousness of the accusation. The counsel also pleaded to consider that they have still not found the other co-accused.

Opinion of the Bench

• Since both the complainant and the petitioner have already arrived at a negotiation, there are no grounds for further detention.
• Considering the pre-trial detention of the applicant, further detention is not justified.

Final Decision

• The court allowed the bail application with conditions.