Unknown vs State Of Uttarakhand on 24 April, 2026

    0
    25
    ADVERTISEMENT

    Uttarakhand High Court

    Unknown vs State Of Uttarakhand on 24 April, 2026

                                                                      2026:UHC:3112
         HIGH COURT OF UTTARAKHAND AT NAINITAL
          HON'BLE SRI JUSTICE SUBHASH UPADHYAY
    
              First Bail Application No. 2391 of 2025
                           24th April 2026
    
    
    
    
    Jagsir Singh                                               ...Applicant.
    
                                        Versus
    
    State of Uttarakhand                                       ...Respondent.
    Counsel for the applicant           :       Mr. Prem Kaushal and               Mr.
                                                Mahesh Chandra, counsel
    
    Counsel for the State/ respondent   :       Mr. Pratiroop Pandey, learned Assistant
                                                Government Advocate for the State of
                                                Uttarakhand.
    
    
    
    
    JUDGMENT:

    (per Mr. Subhash Upadhyay, J.)

    Applicant Jagsir Singh, who is in judicial

    SPONSORED

    custody in FIR No. 0031 of 2024, under Sections 419,

    420, 467, 468, 471, 34, 120-B of IPC and 66-D of IT

    Act, P.S. Cyber Crime, Rudrapur, District Udham Singh

    Nagar has sought his release on bail.

    2. Heard learned counsel for the parties and

    perused the record.

    3. As per prosecution story, Shubhender Mondal

    (complainant) lodged a FIR stating that the

    complainant had been frauded of Rs.1,99,76,000/-(One

    Crore Ninety-Nine Lakh and Seventy-Six Thousand

    Rupees) by the unknown people, who had sent the

    share trading link and in order to make profit in the
    2

    shares marketing, the complainant kept on investing

    different amount.

    4. That over the period of two months i.e.

    11.06.2024 to 19.08.2024, the complainant sent

    different amount of money to over 15 different bank

    accounts on the instructions of the unknown people in

    the name of investment in shares trading.

    5. Learned counsel for the applicant submits

    that out of the total frauded amount Rs.1,99,76,000/-

    an amount of Rs.36,00,000/-(Rupees Thirty Six Lakh) is

    alleged to have been transferred in the bank account of

    company named Ultra Wings Nutrition Pvt. Ltd. and the

    owner of the said company is co-accused Abhijeet

    Singh.

    6. Learned counsel for the applicant further

    submits that the applicant was not named in the FIR but

    he was arrested on the basis of the disclosure of the co-

    accused Abhijeet Singh who had stated that on the

    instructions of the applicant he had frauded the Aadhar

    card and Pan card used in the commission of offence.

    7. Learned counsel for the applicant submits

    that apart from the present case there were three other

    FIRs registered against the applicant which are based

    on same and identical facts though the complainants
    3

    are different. The multiple FIRs were registered against

    the applicant at different places for the alleged used of

    one bank account Ultra Wings Nutrition Pvt. Ltd.

    8. The applicant was granted bail by three

    different courts on the same set of allegations and the

    applicant was arrested on 20.08.2024 and is

    languishing in judicial custody since then.

    9. At the time of the registration of the present

    FIR on 24.10.2024, the applicant was in judicial custody

    in Bhondsi Jail , Gurgram, Haryana in another FIR

    No.170/2024 registered at Police Station Cyber Crime,

    Gurgram. Learned counsel for the applicant submits

    that in the said case also the applicant was granted bail.

    10. He submits that in the other two cases also

    where similar set of allegations were levelled against

    the applicant he was granted bail by different courts.He

    refers to the bail order enclosed as Annexure-2 to 4 to

    the bail application.

    11. Thus in sum and substance, the contention of

    the applicant is that he was not named in the FIR as

    such he is entitled for bail and co-accused Abhijeet

    Singh who was employee of the applicant is the

    beneficiary in the bank account in which the money was

    transferred and he was one who was instrumental in
    4

    using Pan card of the applicant’s deceased uncle. He

    submits that applicant is neither the beneficiary nor has

    received any amount in his account.

    12. Per contra, learned counsel for the

    respondent-State submits that the applicant along with

    co-accused was instrumental in defrauding people of the

    huge amount and the said fact was considered by the

    learned First Additional Sessions Judge while rejecting

    the bail of the applicant, however, he does not dispute

    the fact that the applicant has been released on bail by

    three different courts.

    13. He is further not in a position to dispute the

    findings recorded in the bail order dated 28.10.2024

    passed by the Additional Sessions Judge, Gurugram and

    to the fact that no amount was credited into the account

    of the applicant or he was the beneficiary of the amount

    credited in the aforesaid account Ultra Wings Nutrition

    Pvt. Ltd.

    14. The applicant is in judicial custody since

    20.08.2024 and the fact that he was not named in the

    FIR and is not a beneficiary of the amount received

    have also been considered by the different courts while

    granting bail in the similar set of circumstances.
    5

    15. In view of the above, without commenting on

    the merits of the case, the applicant is enlarged on

    regular bail, subject to following conditions:

    a) The applicant shall furnish a personal
    bond of Rs.50,000/- with two reliable
    sureties in the like amount to the
    satisfaction of the Trial Court.

    b) The applicant shall not leave the country
    without prior permission of the Trial
    Court.

    c) The applicant shall regularly appear
    before the Trial court.

    d) The applicant shall not tamper with the
    evidence, influence witnesses.

    e) In case of violation of the above
    conditions, the State may apply for
    cancellation of bail.

    16. The bail application stands disposed of

    accordingly.

    (Subhash Upadhyay, J.)
    24.04.2026
    SS

    Digitally signed by SUKHBANT SINGH
    DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

    SUKHBANT SINGH
    UTTARAKHAND,
    2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a6380d49b1885
    e628615, postalCode=263001, st=UTTARAKHAND,
    serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72C42261361A
    ED33172F152148D, cn=SUKHBANT SINGH
    Date: 2026.04.27 10:31:22 +05’30’



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here