Final Order 1

Order Details: COPY OF ORDER
Pdf Text: FIR No. 19/2024 State Vs Himanshu Page 1 of 3
Bail Matter No. 1147/2024
FIR No. 19/2024
PS : Cyber Police Station, New Delhi
State v Himanshu
Bail application of applicant/accused Himanshu
06.08.2024
Present:- Sh. Shiv Kumar, Ld. PP for the State.
Sh. Bhupendra Singh and Sh. Vikas Saini, Ld. Counsel
for applicant/accused Himanshu.
1. This order shall dispose of bail application filed on behalf
of applicant/accused Himanshu.
2. It is contended that accused is in custody since
26.06.2024. That accused has been falsely implicated and has done no
wrong. It is contended that co-accused Ravi Kumar is the one in
whose name alleged account under the name of ‘Jai Khatu Shyam
Trading Company’ was opened and he has already been granted bail
by this court on 06.07.2024. That alleged account of cheating was
created in the name of Jai Khatu Shyam Trading Company which
found to be registered in the name of co-accused Bunty and vide order
dated 22.07.2024, co-accused Bunty has already been admitted in bail.
2.1 That applicant/accused is ready to comply with all terms
and conditions imposed by this court. That no useful purpose will be
served by keeping the accused in custody any further. It is contended
that application may be allowed.
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FIR No. 19/2024 State Vs Himanshu Page 2 of 3
3. Notice of the application was issued and detailed reply is
filed on behalf of State contending that SMS regarding transaction of
Rs.10,50,000/- and Rs.12,00,000/- of cheated money in the present
case were recovered from one of the mobile phone which was found/
recovered at the instance of applicant/accused Himanshu Gaba. That
bail of applicant Himanshu is opposed on the ground that co-accused
are yet to be arrested in the present case. The source of SIM and
devices used for operating these accounts is to be found. Accused
may threaten the complainant and witnesses; accused may also help in
absconding other accused; accused have previous involvement in
another case of similar type.
4. I have heard both the parties and gone through the record
carefully.
5. It is contended on behalf of State that the account in
respect of which message(s) were found in the phone recovered at the
instance of accused has been freezed under order of the court. It is
submitted that the investigation in the present matter is going on.
However, from material placed on record, investigation qua accused
Himanshu Garg seems to be complete. No further recovery is stated
to be made from accused or at his instance. It is not the case of
prosecution that till now accused has been found to be connected with
any other account where money was got deposited. Therefore, it
seems that no useful purpose will be served by keeping the
applicant/accused in custody any further. It is also a trite law that bail
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FIR No. 19/2024 State Vs Himanshu Page 3 of 3
is a rule and jail is an exception which applicable in the present factual
matrix. Therefore, in view of above discussion, accused Himanshu is
admitted to bail on furnishing PB/SB of Rs.25,000/- with one surety of
equal amount on following conditions :
1) That accused shall join investigation as and when
required. Accused shall fully co-operate during
investigation;
2) Accused shall share his mobile phone number with the
IO/SHO concerned and will keep his phone switched on
at all times;
3) Accused shall not make any attempt to influence the
witnesses or interfere with the evidence of prosecution,
and
4) Accused shall not go out of India without permission
of court.
6. Application stands disposed of. Copy dasti.
(Chander Jit Singh)
Roster Judge/ASJ-03/PHC/ND/06.08.2024
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