Prakash Bairagi v. State of Uttarakhand
In the High Court of Uttaranchal
Second Bail Application 299/2023
Before Justice Alok Kumar Verma
Decided on October 18, 2023

Relevancy of the case: Second bail application in a case involving allegations of cheating

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66)
• The Indian Penal Code, 1860 (Section 420)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The informant has filed an FIR alleging cheating of ₹50,600 by Sumyth Technologies Private Limited.
• The applicant has filed this second bail application as the court had dismissed the first one as withdrawn.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that the police had falsely implicated him. He has been in custody since July 4, 2022. He cannot abscond as he is a permanent resident of Uttar Pradesh. He cannot tamper with evidence, as the police have filed the chargesheet. Additionally, the court has granted bail to his co-accused in a similar case, and the applicant has no prior convictions.
• The respondent’s counsel submitted that the court should not grant bail as he has committed cheating.

Opinion of the Bench

• Refusal to grant bail restricts a person’s right to liberty. Grant of bail is the rule, and committal is an exception.
• By agreeing with the applicant’s counsel, the bench also provided that the object of keeping a person behind bars is not punishment but to ensure their attendance during the trial.

Final Decision

• The court accepted the bail application with conditions.

Nandita Karan Yadav, an undergraduate student at the National Law Institute University, Bhopal, prepared this case summary during her internship with The Cyber Blog India in May/June 2024.