High Court · 2025

Mr. Shashank Saun, lear ned counsel for t he applicant .

2. Mr. Him anshu Sain, learned Brief Holder for t he St at e.

3. The applicant – Ram Uj agar, who is in j udicial cust ody in connect ion wit h FI R/ Case Crim e No. 18 of 2021, under Sect ions 420, 120- B of I PC, Sect ions 66- C, 66- D of t he I nform at ion Technology Act and Sect ions 3/ 21, 4/ 22 and 25 of t he Banning of Unr egulat ed Deposit Schem es Act , regist ered at P.S.- Cy ber PS, Dist rict Dehr adun, has sought his release on bail.

4. Hear d lear ned counsel for t he part ies and per used t he r ecords. t his Court on 16.09.2022;

5. Lear ned counsel for t he applicant would subm it t hat t he applicant is innocent and has been falsely im plicat ed in t he case; t hat t he applicant is neit her nam ed in t he FI R, nor t her e is any r ecov ery from t he applicant ; t hat t he co- accused has already been gr ant ed bail t he applicant t he m axim um sent ence 14.06.2021 and awar ded under sect ions in w hich applicant is being held under t rial is sev en years, hence, applicant has serv ed for m ore t han half of t he sent ence. Lear ned counsel for t he applicant has furt her drawn t he at t ent ion of t his Court t o t he provisions of Sect ion 479 of BNSS. languishing t hat j ail

6. Sect ion 479 of BNSS quot ed her eunder: - “ M a x i m u m p e r i o d f o r w h i ch u n d e r t r i a l p r i s o n e r ca n b e d e t a i n e d . 4 7 9 . ( 1) Where a person has, during t he period of invest igat ion, inquiry or t rial under t his Sanhit a of an offence under any law ( not being an offence for w hich t he punishm ent of deat h or im prisonm ent has been specified as one of t he punishm ent s under t hat law) undergone det ent ion for a period ext ending up t o one- half of t he m axim um period of im prisonm ent specified for t hat offence under t hat law, he shall be released by t he Court on bail: Pr o v i d e d t hat where such person is a first - t im e offender ( who has never been convict ed of any offence in t he past ) he shall be released on bond by t he Court , if he has undergone det ent ion for t he period ext ending up t o one- t hird of t he m axim um period of im prisonm ent specified for such offence under t hat law: Pr o v i d e d f u r t h e r t hat t he Court m ay, aft er hearing t he Public Prosecut or and for reasons t o be recorded by it in writ ing, order t he cont inued det ent ion of such person for a period longer t han one- half of t he said period or release him on bail bond inst ead of his bond: Pr o v i d e d a l s o t hat no such person shall in any case be det ained during t he period of invest igat ion, inquiry or t rial for m ore im prisonm ent t he m axim um period of provided for t he said offence under t hat law. t han Explanat ion.- I n com put ing t he period of det ent ion under t his sect ion for grant ing bail, t he period of det ent ion passed due t o delay in proceeding caused by t he accused shall be excluded. t o in sub- sect ion ( 1) , and ( 2) Not wit hst anding anyt hing subj ect t hereof, where an t he invest igat ion, inquiry or t rial in m ore t han one offence or in m ult iple cases are pending against a person, he shall not be released on bail by t he Court . t hird proviso ( 3) The Superint endent of j ail, where t he accused person is det ained, on com plet ion of one- half or one- t hird of t he period m ent ioned in sub- sect ion ( 1) , as t he case m ay be, shall fort hwit h m ake an applicat ion in writ ing t o t he Court t o proceed under sub- sect ion ( 1) for t he release of such person on bail.” t he ot her Lear ned St at e Counsel, on 7. hand, has vehem ent ly opposed t he bail applicat ion, but , has adm it t ed t he fact t hat t he co- accused has already been gr ant ed bail by t his Court on 16.09.2022.

8. Having consider ed t his aspect , under t he fact s and circum st ances of t he case and t he t he m axim um sent ence awar ded under sect ions in which applicant is being held under t rial is sev en years, hence, applicant t hat has served for m ore t han half of t he sent ence, t his Court is of t he view t hat it is a case fit for bail and t he applicant deser ves t o be enlarged on bail.

9. Accordingly, allowed. t he bail applicat ion

10. Let t he applicant be released on bail on his ex ecut ing a personal bond and furnishing t wo reliable suret ies each of t he lik e am ount , t o t he sat isfact ion of t he court concerned. Uj j wal ( A l o k M a h r a J.) 04.07.2025