No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS BA1 No. 2184 of 2024 Hon’ble Alok Mahra, J. Mr. Shashank Saun, learned counsel for the applicant. 2. Mr. Himanshu Sain, learned Brief Holder for the State. 3. The applicant – Ram Ujagar, who is in judicial custody in connection with FIR/Case Crime No. 18 of 2021, under Sections 420, 120-B of IPC, Sections 66-C, 66-D of the Information Technology Act and Sections 3/21, 4/22 and 25 of the Banning of Unregulated Deposit Schemes Act, registered at P.S.- Cyber PS, District Dehradun, has sought his release on bail. 4. Heard learned counsel for the parties and perused the records. 5. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case; that the applicant is neither named in the FIR, nor there is any recovery from the applicant; that the co-accused has already been granted bail by this Court on 16.09.2022; that the applicant is languishing in jail since 14.06.2021 and the maximum sentence awarded under sections in which applicant is being held under trial is seven years, hence, applicant has served for more than half of the sentence. Learned counsel for the applicant has further drawn the attention of this Court to the provisions of Section 479 of BNSS. 6. Section 479 of BNSS is quoted hereunder:- “Maximum period for which undertrial prisoner can be detained. 479. (1) Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail: Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending up to one- third of the maximum period of imprisonment specified for such offence under that law: Provided further that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail bond instead of his bond: Provided also that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. Explanation.-In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded. (2) Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he shall not be released on bail by the Court. (3) The Superintendent of jail, where the accused person is detained, on completion of one-half or one-third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in writing to the Court to proceed under sub-section (1) for the release of such person on bail.” 7. Learned State Counsel, on the other hand, has vehemently opposed the bail application, but, has admitted the fact that the co-accused has already been granted bail by this Court on 16.09.2022. 8. Having considered this aspect, under the facts and circumstances of the case and the fact that the maximum sentence awarded under sections in which applicant is being held under trial is seven years, hence, applicant has served for more than half of the sentence, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties each of the like amount, to the satisfaction of the court concerned. (Alok Mahra J.) 04.07.2025 Ujjwal