Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 15777 (UTT)

MANDALIYA NISHIT v. STATE OF UTTARAKHAND

BA1/1822/2025 · 2025-12-04

Alok Mahra

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:10824 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS BA1 / 1 8 2 2 / 2 0 2 5 W it h BA1 No.1 8 5 9 of 2 0 2 5 Hon’ble Alok Mahra, J. Mr. Gaurav Singh and D.C.S. Rawat, learned counsel for the applicant. 2. Mr. Chitrarth Kandpal, learned Brief Holder for the State. 3. Both these bail application are arising out of the same F.I.R., therefore, both are decided together. 4. Applicants–Kapil Soni and Mandaliya Nishit are is in judicial custody in connection with FIR/Case Crime No. 05 of 2025, registered at Police Station Chalani Lamgada, District Almora for offences under Sections 61(2), 308(5) and 318(4) B.N.S., have sought their release on bail. 5. Heard learned counsel for the parties and perused the record. 6. As per the prosecution story, an F.I.R. was lodged by the informant on 21.02.2025 alleging therein that on 11.01.2025 at about 5:00 P.M., he received a phone call on WhatsApp from a person claiming that a case pertaining to money laundering was pending against him. The caller introduced himself as an officer of the Crime Branch, Delhi, and informed the informant that he was being “digitally arrested.” The informant was allegedly compelled to deposit a sum of ₹6.38 crores in various bank accounts. It is further alleged that the caller warned the informant not to share this information with anyone, failing which there could be difficulty in apprehending the other accused and the informant could face loss of life and property. The caller also claimed that an arrest warrant had been issued against the informant for allegedly taking a commission of ₹6.38 crores. 7. Learned counsel for the applicants 2025:UHC:10824 would submit that the applicants are innocent and have been falsely implicated; that applicant Kapil Soni is engaged in the business of import and export of jewellery; that the applicants have not been beneficiaries of the alleged transactions; that they neither made any calls to the victim nor was any amount deposited into their bank accounts; that neither the bank accounts in which the money was deposited nor the mobile numbers registered with those accounts belong to the applicants. 8. It is further submitted that the applicants have been implicated solely on the ground that the phone number earlier used by applicant Mandaliya Nishit was found registered in the bank account of “Khushi Traders,” in which the alleged money was transferred. It is contended that nothing incriminating has been recovered from the possession of the applicants; that, the court below rejected their bail applications by orders dated 08.09.2025 and 02.06.2025; that the applicants have no previous criminal history; and that the trial is likely to take considerable time to conclude. Hence, the applicants deserve to be enlarged on bail. 9. Per contra, learned State counsel would vehemently oppose the bail applications, contending that during investigation incriminating articles were recovered from the possession of the applicants. However, learned Stated counsel admitted that the court below had dismissed the bail applications of the applicants vide orders dated 08.09.2025 and 02.06.2025. 10. Having considered the submissions of learned counsel for the parties and the material available on record, and without expressing any opinion on the merits of the case, this Court is of the considered view that the applicants have made out a fit case for grant of bail. 11. Accordingly, the first bail application is allowed. 12. Let the applicants be released on bail in the aforesaid Case Crime upon their executing 2025:UHC:10824 a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the Court concerned, subject to the following conditions: (a) The applicants shall not leave the country without prior permission of the Court. (b) The applicants shall surrender their passports, if any, before the Court concerned or the Investigating Agency. 13. The bail granted to the applicants shall be liable to be cancelled in the event of any violation of the aforesaid conditions or if the applicants are found to have misused the liberty granted to them. (Alok Mahra, J.) 04.12.2025 Mamta