Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6017 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. 686 of 2025
Hon’ble Rakesh Thapliyal, J.
1. Ms. Priya Mewari, learned counsel for the applicant.
2. Mr. Sandeep Sharma, learned A.G.A. for the State.
3. The applicant ‘Soni’ W/o Shri Avdesh Kumar R/o House No. A-1, Rajiv Nagar Extension Police Station Begumpur Delhi, is praying for bail in relation to First Information Report dated 09.08.2024 bearing FIR No. 24 of 2024 P.S. Cyber Crime Rudrapur, District Udham Singh Nagar, which was lodged against the unknown persons for the offences punishable under Sections 318(4), 319(2) and 61(2) of BNSS, 2023 r/w Section 66(D) of I.T. Act.
4.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated and is languishing in jail since 09.12.2024 and the chargesheet has already been filed and as such there is no need of custodial interrogation of the present applicant. She further submits that the applicant being a housewife be given the privilege in terms of Section 480 of BNSS, 2023 and be enlarged on bail. She further argued the another co-accused, who is also a woman have already been enlarged on bail by this court on 07.04.2025.
5. On the other side, learned A.G.A. Mr. Sandeep Sharma have not disputed this fact that the chargesheet has already been filed and the other co- accused Ms. Rekha Pachori have already been enlarged on bail by this court on 07.04.2025. Mr. Sandeep Sharma also apprise to this court that the matter relates to cyber crime and as on date the chargesheet has been filed against four persons, however these accused persons have nexus in other State also like Jharkhand, Haryana, Punjab and Rajasthan, therefore, the investigation is still going on and in such an eventuality if the applicant is enlarged on bail there may be a possibility that the applicant may repeat the offence or may come in contact with the persons, who are still either absconding or under investigation. He further
2025:UHC:6017 apprise to this court that there is one case of similar nature in Haryana against the applicant and, therefore, the applicant does not deserve for bail.
6. In response to this, learned counsel for the applicant submits that the case, which was registered in Haryana, she was granted anticipatory bail by the Additional Sessions Judge, Panchkula in Case No. BA No. 1273 of 2024 decided on 29.11.2024, the copy of which is also handed over to the State counsel and also placed on record.
7. After hearing the arguments of learned counsel for the parties and further taking into
consideration that the other co-accused, who is woman and housewife, is already granted bail and the present applicant is also a housewife, therefore, in terms of Section 480 of BNSS, 2023, this court is of the view that the applicant deserves of privilege for bail particularly when the chargesheet has been filed against the present applicant.
8. Further taking into consideration that the matter relates to cyber crime and the investigation is still going on, therefore, this court is of the view that some stringent conditions should be imposed upon the applicant particularly keeping in view of the fact that there is one case of similar nature in Haryana.
9. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed.
10. Let the applicant ‘Soni’ be released on bail on furnishing her personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
11. It is made clear that after being released on bail the applicant shall not directly or indirectly make any inducement or promise to any person acquainted with the facts of the case or to be indulged in similar activities in future and if it is found that she will indulge in similar activity the bail granted by this court would automatically be cancelled and the prosecution is free to take the applicant in custody.
(Rakesh Thapliyal, J.) 11.07.2025 PR
2025:UHC:6017