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2020 Supreme(HP) 374

ANOOP CHITKARA
Abhishek Kumar Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Vinod Thakur, Advocate, Nand Lal Thakur, Advocate, Ashwani Sharma, Advocate, Manoj Bagga, Advocate, Ram Lal Thakur, Advocate, Rajat Chauhan, Advocate, Rajiv Jiwan, Advocate, Anubhuti Sharma, Advocate, Ragini Dogra, Advocate

JUDGMENT

Anoop Chitkara, J. - The petitioner, a permanent resident of West Bengal, who is under incarceration for more than six months for committing a white-collar crime, has come up before this Court, seeking regular bail.

2. Based on a complaint, the police arrested the petitioner on 10th January 2020, in FIR No. 68 of 2019, dated 25.08.2019, registered under Sections 420, 120-B of Indian Penal Code, 1860, (IPC), in Police Station Nirmand, District Kullu, Himachal Pradesh, disclosing cognizable and non-bailable offences.

3. Earlier, the petitioner had filed a petition under Section 439 CrPC before the concerned Sessions Court. However, vide order dated 23.3.2020, Ld. Additional Sessions Judge, Kinnaur at Rampur Bushehar, HP, dismissed the petition, primarily because the amount involved is enormous and there is possibility of tampering the evidence.

4. I have read the status report(s) and heard counsel for the parties, as well as Ld. Amicus Curiae.

    FACTS:

    5. Briefly, the allegations against the petitioner are that he made phone calls from various numbers to the complainant, befooled him to share one-time passwords (OTPs) received by him, and subsequently withdrew Rs. 9,87,000/- f

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