New Delhi, Jun 25 (ILNS) The Supreme Court today asked a man, accused in cyber crime for a fraud to the tune of more than Rs 1.3 crore, to deposit Rs 30 lakh in the account of the complainant, as condition for considering his bail application.
A Bench comprising Justice Hemant Gupta and Justice Aniruddha Bose ordered Nilesh to deposit Rs 10 lakh per month to the account of the complainant for the months of April, May, June before July 12, 2021 and listed the matter for further hearing on July 19. Nilesh has been languishing in judicial custody for the past three years.
The Bench also directed Nilesh to deposit such amount before the Trial Court, then it will consider his bail application. Purvish, Advocate for the petitioner, prayed for granting him interim bail, stating that in the meanwhile, he will deposit the amount to the complainant.
The Bench noted the fact that Nilesh had already withdrawn the petition before the Gujarat High Court, to which the Counsel apprised the Bench that it was withdrawn as simpliciter in 2020, since it was a case triable by a Magistrate.
The accused has sought regular bail before the apex court against the order of Gujarat High Court. Nilesh prayed before the High Court of Gujarat that he is ready and willing to pay amount of Rs 1,37,10,025.96 in monthly installment of Rs. 10 lakh. He withdrew bail petition after a charge sheet was filed before the co-ordinate Bench.
The High Court, while rejecting the bail petition, observed that such statement made at bar can never be considered to be change in circumstances and therefore, the applicant has only option to obtain the verdict of innocence or involvement in the offence by following the due process of law. ILNS/KY/RJ