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VIVEK SINGH THAKUR
Pawan Kumar S/o Shri Lekh Ram – Appellant
Versus
State Of Himachal Pradesh Through Secretary (Home) To The Government Of Himachal Pradesh – Respondent
ORDER :
Both these Petitions are being disposed of by this common order, as they arise out of the same FIR and involve similar questions of fact and law.
2. Petitioners Pawan Kumar (Cr.MP(M) No.484 of 2022) and Sanjeev Kumar (Cr.MP(M) No.555 of 2022) have filed the present Petitions, under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’), for grant of bail, in case FIR No.73 of 2022, dated 27.2.2022, registered under Sections 420, 120B of the Indian Penal Code (hereinafter referred to as ‘IPC’) and 5, 6 of the Prize and Money Circulation Schemes (Banking) Act, 1978, in Police Station Balh, District Mandi, Himachal Pradesh.
3. Status Report stands filed and placed on the file of Cr.MP(M) No.484/2022. Record has also been produced.
4. Prosecution case is that on 27.2.2022, complainant Manoj Kumar submitted a complaint in Police Station Balh, stating therein that in August 2020 his friend Pawan Sankhyan had introduced him with a person Sushil Jaryal, and Sushil Jaryal had stated that with a Plan in Crypto Currency an US Company ONYX Trading was there which had its browser registered as OFS Trading.com. Thereafter, he had demonstrated in his Mobile Phone
Article 21 of the Constitution of India provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Arrest of an offender during in....
Article 21 of Constitution of India provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.
The court emphasized the exceptional nature of anticipatory bail under Section 438 of the Code of Criminal Procedure, highlighting the need to balance personal liberty with the investigative rights o....
Point of Law : Grant of Bail - Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information an....
Point of Law : Bail - Power under Section 438 CrPC is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre arrest bail should be granted only in exceptional cas....
Anticipatory bail in economic offences requires careful consideration of the gravity of accusations, potential for absconding, and must be granted sparingly, especially under the Prevention of Money ....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
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