Prithvi Singh v. State of Rajasthan

The Cyber Blog IndiaCase Summary

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

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.

Harmannat Kour, an undergraduate student at the Law School, University of Jammu, prepared this case summary during her internship with The Cyber Blog India in May/June 2024.