Prakash Bairagi 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 Case Crime No.246 of 2021, registered at police station Kotwali Ranipur, District Haridwar.

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

This is the Second Bail Application. The First Bail Application was dismissed as withdrawn on 27.09.2023 granting liberty to the applicant to file a fresh Bail Application in accordance with law.

Opposing the bail application, Mrs. Manisha Rana Singh, A.G.A., submits that the informant had deposited his money in the Power Bank App. Investigation revealed that the informant was cheated of Rs.50,600/- by Sumyth Technologies Private Limited. Present applicant was one of the director of Sumyth Technologies Private Limited.

Mr. Pankaj Goswami, Advocate, appearing for the applicant contended that the applicant has been falsely implicated in the present matter. He is in custody since 04.07.2022. He is a permanent resident of Miyapur Begi, Rajpur Khiri (Lakhimpur Khiri) (Uttar Pradesh), therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. Applicant is not a previous convict, and, co-accused (Pavan Kumar Pandey) of the similar role has been granted bail by this Court.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

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- Prakash Bairagi 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 attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

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

iii) Applicant shall not leave the country without the previous permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, Prosecution will be free to move the court for cancellation of bail.