Muzamel Hussain Choudhary vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody Case Crime No. 18 of 2022, under Sections 420, 34 IPC Police Station Ramnagar, District Nainital. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

It is a case of online fraud on a website. Inducement was made to invest the money. The informant and others deposited the money in the given account number, but returns were not given to them. FIR was lodged.

Learned counsel for the applicant would submit that the co-accused have already been granted bail. The applicant has not committed any offence. He is a student. He lives in Singapore.

Learned State counsel would submit that the applicant is a main accused. He did not cooperate during investigation. Warrant of arrest and processes under Section 82 and 83 of the Code of Criminal Procedure, 1973 (“the Code”) had already been done against him. He would submit that more than Rs.3 Lakh was deposited in the account of the applicant.

It is the stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings.

It is a case of online fraud. It is a positive case of the State that more than Rs.3 Lakh were deposited in the account of the applicant. The applicant was absconding throughout. According to the prosecution, even processes under Section 82 and 83 of the Code were conducted against the applicant.

Having considered, this Court is of the view that there is no ground to enlarge the applicant on bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.