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2025 DAILYLAW 16060 (UTT)

CHANDRASHEKHAR SIKRIWAL v. STATE OF UTTARAKHAND

BA1/1366/2025 · 2025-12-04

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.1366 of 2025 Hon'ble Rakesh Thapliyal, J. Mr. Narendra Bali, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA with Mr. Himanshu Sen, Brief Holder for the State. 3. The present applicant-Chandrashekhar Sikriwal, S/o Shri Sultan Singh Sikriwal, R/o Flat No.829 Shree Awas Apartment, Sector 18B, Dwarika NSIT, Dwarika, South Delhi is praying for bail in reference to FIR dated 29.03.2025, bearing FIR No.09 of 2025 registered at P.S. Cyber Crime, Rudrapur, District Udham Singh Nagar, which was lodged against the unknown persons for the offences punishable under Sections 3(5), 318(4) read with Section 61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 66D of the I.T. Act, 2000. 4. As per the prosecution, a First Information Report was lodged on 29.03.2025 against unknown persons alleging therein that on 11.03.2025, the informant received a call from a girl on his Mobile No.8057714042 from a Mobile No.8800055175 and the girl told that his mobile number will be switched off within two hours, so keep your mobile in running condition, so that, he should talk to Senior Officer and thereafter, a person from Mobile No.8800055175 told that I am speaking from Telecom Department, New Delhi and I received communication from CBI, Crime Branch to close your mobile number and if you want to keep your mobile active, then you have to talk to CBI, Officials, then the complainant asked him how he can contact to the CBI, Official, then the said person informed him that he will facilitate to talk to CBI, Officials provided you reach Connaught Place, New Delhi within two hours, then he informed that it is not possible for him to reach there in such a short duration. He gives also a complaint number and after detailed conversation the complainant was cheated and he has credited amounts in different accounts huge amount and then he realizes that he has been cheated and a fraud has been committed with him. 5. On this previous date, the State was directed to get the instructions and they apprised that after thorough investigation, charge-sheet has been filed. A detailed counter affidavit has also been filed by contending therein that the matters were thoroughly investigated and after collecting all evidences, it was found that the applicant and his wife is actively involved in the Cyber Fraud. 6. Learned AGA also submits that specific averment has been made in para 11 of counter affidavit as many as 13 complaints has been lodged different part of the country, wherein, the applicant is involved, therefore, taking into consideration his active involvement in the Cyber Fraud, the applicant should not be enlarged on bail. 7. After hearing the arguments of learned counsel for the parties and after gone through the detailed counter affidavit filed by the respondents, this Court is of the view that the allegations as alleged against the applicant are apparently serious in nature that too relates to the Cyber Fraud, therefore, the applicant does not deserve for bail. 8. Accordingly, the bail application is rejected. (Rakesh Thapliyal, J.) 04.12.2025 Ravi