Tanuj Pal & Others Vs State Of Uttarakhand

Uttarakhand High Court 5 Jul 2024 Anticipatory Bail Application No. 527, 528 Of 2024 (2024) 07 UK CK 0044
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Anticipatory Bail Application No. 527, 528 Of 2024

Hon'ble Bench

Ravindra Maithani, J

Advocates

Gaurav Singh, V.K. Jemini, V.S. Rawat

Final Decision

Allowed

Acts Referred
  • Information Technology Act, 2000 - Section 66C, 66D
  • Indian Penal Code, 1860 - Section 120B, 419, 420

Judgement Text

Translate:

Ravindra Maithani, J

1. Since both the anticipatory bail applications arise from the same FIR, they are heard together and are being decided by this common order.

2. Applicants Tanuj Pal and Mohit Pal seek anticipatory bail in Case Crime No.240 of 2024, under Section 66C, 66D of the Information Technology Act, 2000, and Sections 120-B, 419, 420 IPC, Police Station SIDCUL, District Haridwar.

3. Heard learned counsel for the parties and perused the record.

4. According to the FIR, police received information that a false call centre is running within Police Station SIDCUL, District Haridwar area. The call centre personnel are cheating and committing cyber crime. A raid was conducted and a co-accused was arrested, who revealed the name of the applicants and other co-accused.

5. Learned counsel for the applicants would submit that the applicants were named by the co-accused; there is no other evidence against the applicants; there is no victim.

6. Learned State Counsel would submit that the investigation is still underway, but he admits that the applicants were named by the co-accused.

7. The Court wanted to know from learned State Counsel as to whether any person has been identified by the police as yet, who has been cheated by the applicants or co-accused? Learned State Counsel would submit that the investigation is still underway.

8. Having considered, this Court is of the view that this is a case in which the applicants should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

9. The anticipatory bail applications are allowed.

10. In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:-

(i) The applicants shall co-operate with the investigation.

(ii) The applicants shall not approach any witness in any manner, whatsoever.

(iii) The applicants shall not leave the country without prior permission of the court concerned.

(iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO.

(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.

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