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2025 Supreme(Online)(UK) 2398

HIGH COURT OF UTTARAKHAND
Rakesh Thapliyal, J
Neeraj Bhatt – Appellant
Versus
State – Respondent
BA1 No. 1078 of 2025



Advocates:
For the Appellants/Petitioners: Aditya Pratap Singh
For the Respondents: V.S. Pal

The court rejected the bail application due to ongoing investigation and connections to organized crime, emphasizing the importance of completing investigations without interference.

Headnote:(A) BNS, 2023 - Sections 318(4), 61(2) - Information Technology Act - Section 66-D - Bail application - Applicant seeks bail in a cyber crime case; applicant was not named in FIR, arrested later; claim that allegations are attempts to extract money; charge-sheet filed, no previous criminal history - Court finds the ongoing investigation among absconding co-accused significant. (Paras 4-14)

(B) Bail - Considerations - The court emphasized that the ongoing investigation and connection to organized crime necessitated the denial of bail, as it could affect the investigation, highlighting the seriousness of the charges. (Paras 13-15)

SL. N o . D a t e Of f i ce N o t e s, r e p o r t s, o r d e r s o r p r o ce e d i n g s o r d i r e ct i o n s a n d Re g i st r a r ’ s o r d e r w i t h Si g n a t u r e s COURT’ S OR JUD GE’ S ORD ERS
1 BA1 No. 1078 of 2025 Hon’ble Rakesh Thapliyal, J. . Mr. Aditya Pratap Singh, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Neeraj Bhatt S/o Sri Govind Prasad Bhatt, resident of District Jaipur, Rajasthan is seeking bail in relation to first information report dated 27.09.2024 bearing FIR No. 0073 of 2024, Police Station Cyber Crime, District Dehradun, which was lodged by one Mahipal Singh against unknown persons for the offences punishable under Sections 318(4), 61(2) of BNS , 2023 read with Section 66-D of the Information Technology Act . 4. The brief facts of the case are that a First Information Report was lodged by the informant at Police Station Cyber Crime Dehradun on 27.09.2024 with the allegation that on 09.09.2024, the informant-Mahipal Singh received a phone call allegedly from Mumbai Police Sub- Inspector who informed the informant that a crime has been committed by using the Adhaar Card and Mobile Number of the informant and disconnected the call. Subsequent thereto, on the same date, the informant also received whatsapp message from Mobile Number 9831042639 on his mobile number i.e. 7983473875 and subsequently received a video call, wherein a person in police uniform was sitting in front and inform the informant that a money laundering has been committed by using his Adhaar Card and Mobile Number up to the tune of Rs. 20 lakhs and the
police will arrest the informant soon and gave instruction to the informant to not travel anywhere, to which he agreed. Next day, he received a whatsapp call from Mobile Number 9831042639 and allegedly one Sub-Inspector Vinod Kumar Chobey provided another mobile number of a police official, namely, Akash. Thereafter, on whatsapp some notices were sent, and, thereafter, the informant deposited a total sum of Rs. 2,27,22,717/- (Rupees Two Crore Twenty Seven Lacs twenty two thousand seven hundred seventeen) to separate accounts on different occasions from 11.09.2024 to 17.09.2024. 5. It is contended by learned counsel for the applicant that the applicant was not named in the FIR, however, he was arrested on 19.01.2025 from Jaipur near the hostel of the University of Rajasthan, where he is studying in 2nd year of BBA. 6. He submits that the applicant was having his account in AU Small Finance Bank wherein there was an account of one of the co-accused-Aditya Sharma, but since the account of Aditya Sharma was not working and blocked so he asked the applicant for help and informs that some amount will be deposited in his account, on this, the applicant agreed and subsequent there to, in the Month of September, 2024 an amount of Rs. 5.47 Lakhs were credited in the account of the applicant and it was withdrawn by him on the same date and after withdrawing the amount he handed over the entire amount to Aditya Sharma. Apart from this, he submits that there is no such evidence which connects the applicant with the offences as alleged and merely on the basis that the applicant withdrawn a sum of Rs. 5.47 lakhs from his account, the applicant was arrested.
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