Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2033 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. 138 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Amit Kapri, learned counsel for the applicants.
2. Mr. Pankaj Joshi, learned AGA for the State.
3. Present applicant–Mohd. Saheem and another, are seeking bail in relation to first information report dated 20.12.2024 bearing FIR No. 0620 of 2024, Police Station Rudrapur, District Udham Singh Nagar, wherein the present applicants have been implicated for the offence punishable under Section 318(4) of BNS
2023.
4.
Learned counsel for the applicant submits that the present applicants are innocent and are poor labourers and they have been falsely implicated and in fact, they are the victims of the Cyber crime.
5.
Learned counsel for the applicant further submits that applicants have no previous criminal history and they are the permanent resident of Rudrapur, District Udham Singh Nagar.
6. Per Contra, Mr. Pankaj Joshi, learned AGA submits that the investigation is still going on, however, he submits that, prima facie, from the contents of the FIR, two accounts were opened by these applicants and during the short period, a huge amount of more than four crores rupees in one account and approximately 28 crores rupees were also credited in another account and that transaction creates a doubt to the Branch Manager of the Bank and subsequently, he lodged the FIR.
7.
Learned counsel for the applicant in response to this, submits that they have been cheated by some unknown persons from their mobiles.
2025:UHC:2033
8. Mr. Pankaj Joshi, learned AGA seriously opposed this fact by saying that this argument cannot be accepted at this stage that the applicants are the victim, since within a short period, such a huge amount were credited in their accounts. On written instruction(s), he further submits that due to this organized cyber crime, almost more than 37 persons were suffered huge financial crisis and submits that since the investigation is going on and if at this stage the applicant be released on bail, certainly it will affect the entire investigation.
9. After hearing the arguments as advanced by learned counsel for the parties and further after gone through the contents of the FIR and the written instruction(s) of the State Counsel, I am not inclined to grant bail to the present applicants at this stage.
10. Therefore, this Court is of the view that the applicants are not entitled for bail.
11. Accordingly, the bail application is rejected.
(Rakesh Thapliyal, J.) 21.03.2025 R.Bisht
2025:UHC:2033