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2025 DAILYLAW 4869 (UTT)

NITESH KUMAR v. STATE OF UTTARAKHAND

BA1/590/2025 · 2025-04-05

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:2558 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/590/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Deep Prakash Bhatt, learned counsel for the applicant. 2. Mr. Siddharath Bisht, learned Assistant Government Advocate with Mr. Himanshu Sain, learned Brief Holder, for the State. 3. Present applicant is seeking regular bail in relation to FIR dated 13.04.2021 bearing FIR No. 23 of 2021, Police Station – Hindolakhal, District – Tehri Garhwal wherein four persons namely Karan Singhania, Vivek Rai, Kamlesh and Raju Patel were implicated for the offence punishable under Sections 420 IPC. After investigation, charge-sheet has been filed against the present applicant and in respect of other accused investigation is still going on. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated and he running a Community Service Centre at Motihari, East Champaran, Bihar and he is also business correspondent agent of Indusind Bank. He further submits that charge-sheet has already been filed, therefore, there is no need of custodial interrogation. 5. On the other side, learned State Counsel seriously opposed the bail application. He submits that applicant is also named in two other cases of similar nature, relating to cyber crime, one FIR No. 65 of 2022, Police Station – Cyber Police Station, Rohtak, for the offence punishable under Section – 120B, 419, 420 IPC read with Section 66C, 66D of the IT Act and second FIR No. 27 of 2022, Police Station – Cyber Crime, Ambala for the offences punishable under Section – 120B, 419, 420 IPC read with Section 66C, 66D of the IT Act and if the applicant is released on bail, he will certainly affect the investigation which is still going on in respect of other accused. 6. After hearing learned counsel for the parties 2025:UHC:2558 and further taking into consideration that applicant has previous criminal history of two cases of similar nature and investigation in respect of other accused is still going, this Court is of the view that applicant does not deserves for bail. Accordingly, bail application is rejected. (Rakesh Thapliyal, J.) 05.04.2025 SKS