Prashant Mishra vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR No.28 of 2021, under Sections 420, 467, 468, 471 IPC and Section 66D of the Information Technology Act, 2000, Police Station- Sitarganj, District- Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

This is the second bail application. The first bail application, being BA1 No.2669 of 2022, was rejected on 11.04.2023.

According to the FIR, the applicant had approached the informant for making her SBI credit card. The applicant has filled up the form of the informant. Subsequently, the verification calls were received by the informant. The informant has requested for cancellation of the SBI card, but later on, it was revealed that the applicant had obtained credit card in the name of the informant and had done transactions with the help of it.

Learned counsel for the applicant would submit that after rejection of the first bail application, the informant has already been examined at trial, but he has not supported the prosecution case; no credit card, which was allegedly used by the applicant, has ever been taken into custody by the Investigating Officer.

Learned State Counsel would submit that though the informant has supported the prosecution case in her examination in chief, but in her cross examination, conducted on 14.09.2023, the informant has not supported the prosecution case and has not stated anything against the applicant. He also admits that the credit card has not been taken into custody by the Investigating Officer.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

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