Deepak Saini vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No. 31 of 2021, registered at police station Cyber Crime, District Dehradun under Sections 420, 120B of the Indian Penal Code, 1860 and Section 66D of the Information Technology Act, 2000.

Heard Mr. B.M. Pingal, learned counsel for the applicant, Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State and Mr. Amar Murti Shukla, learned counsel for the informant/victim.

Learned counsel for the applicant contended that applicant has been implicated in the present matter. Informant/victim has received the entire amount. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is in custody since 28.01.2022, and, he is a permanent resident of District Haridwar.

Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State and Mr. Amar Murti Shukla, learned counsel for the informant/victim have opposed the bail application. However, Mr. Amar Murti Shukla, Advocate, conceded that the informant has received the entire amount from the applicant.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant – Deepak Saini be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.