Prithvi Singh v. State of Rajasthan
In the High Court of Rajasthan
S.B. Crl. Misc. B.A. 177/2024
Before Justice Nupur Bhati
Decided on April 05, 2024

Relevancy of the Case: Bail application in a case of online fraud when the investigation is complete and 70% of the amount has been recovered

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 43, 66)
• The Indian Penal Code, 1860 (Section 420, 406, 409, 120B)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The petitioner has filed a bail application under Section 439 of the Code of Criminal Procedure, 1973.
• The petitioner is in custody in connection with FIR 59/2023 dated August 20, 2023, at Sankda Police Station, Jaisalmer.
• The bank has recovered more than 70% of the disputed amount. The Investigating Officer also confirmed a partial recovery of ₹1.5 crores.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the offences are triable by a Magistrate and the investigation is complete. Thus, the court should grant him bail. Moreover, he does not have any prior criminal record.
• The public prosecutor and the complainant’s counsel opposed the petitioner’s bail application.

Opinion of the Bench

• The police has completed the investigation. Moreover, the bank has recovered 70% of the disputed amount. Furthermore, the petitioner does not have a criminal history.

Final Decision

• The court accepted the bail application with conditions.