Pawan Kumar Pandey 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 the First Information Report No.246 of 2021, registered at Police Station Ranipur, District Haridwar.

Applicant is in judicial custody for the offence under Section 420 of the Indian Penal Code, 1860 and Section 66D of the Information Technology Act, 2000.

Heard Mr. Arvind Vashistha, learned Senior Advocate assisted by Mr. C.K. Sharma, learned counsel holding brief of Mr. Vivek Pathak, learned counsel for applicant and Mr. V.S. Rathore, learned AGA for the State.

Mr. V.S. Rathore, AGA, for the State, has opposed the bail application. It has been argued by Mr. V.S. Rathore, learned AGA that the informant had deposited his money in the Power Bank App. Investigation revealed that the informant was cheated of Rs.75,000/-by M/s Purple Hues Sunny Communication Private Limited and KYC of account of M/s Purple Hues Sunny Communication Private Limited was provided by M/s Gingyo Tech. Private Limited. Present applicant was one of the director of M/s Gingyo Tech Private Limited.

In Writ Petition (Criminal No.522 of 2022), the Hon’ble Supreme Court directed on 20.02.2023, “………..Since the first FIR was lodged in Uttarakhand, all the cases in Uttarakhand will be consolidated and the cases will be taken forward by the Cyber Police Station Dehradun; this will include the FIR at Delhi. It will be made over to the Court in Dehradun.

This will be without prejudice to the power of the investigating authority to file supplementary reports/further reports.

We leave it open to the petitioner to seek bail in any of the cases where he has been taken into custody.”

Learned counsel for the State submitted that the charge-sheet has already been filed.

Mr. Arvind Vashistha, learned Senior Advocate, submitted that applicant is in custody since 29.07.2022 and he has been granted bail in three cases (Case Crime No.18 of 2021, Case Crime No.19 of 2021 and Case Crime No.22 of 2021) of the consolidated cases.

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 – Pawan Kumar Pandey 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 with the following conditions :-

(i) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

(ii) Applicant shall not leave the country without prior permission of the court concerned