BA1/2184/2024 on 4 July, 2025

Uttarakhand High Court

BA1/2184/2024 on 4 July, 2025

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                                 BA1 No. 2184 of 2024
                                 Hon'ble Alok Mahra, J.

Mr. Shashank Saun, learned counsel for
the applicant.

2. Mr. Himanshu Sain, learned Brief Holder
for the State.

3. The applicant – Ram Ujagar, who is in
judicial custody in connection with FIR/Case
Crime No. 18 of 2021, under Sections 420,
120-B of IPC, Sections 66-C, 66-D of the
Information Technology Act and Sections
3/21, 4/22 and 25 of the Banning of
Unregulated Deposit Schemes Act, registered
at P.S.- Cyber PS, District Dehradun, has
sought his release on bail.

4. Heard learned counsel for the parties
and perused the records.

5. Learned counsel for the applicant would
submit that the applicant is innocent and has
been falsely implicated in the case; that the
applicant is neither named in the FIR, nor
there is any recovery from the applicant; that
the co-accused has already been granted bail
by this Court on 16.09.2022; that the
applicant is languishing in jail since
14.06.2021 and the maximum sentence
awarded under sections in which applicant is
being held under trial is seven years, hence,
applicant has served for more than half of the
sentence. Learned counsel for the applicant
has further drawn the attention of this Court
to the provisions of Section 479 of BNSS.

6. Section 479 of BNSS is quoted
hereunder:-

“Maximum period for which undertrial prisoner can
be detained.

479. (1) Where a person has, during the period of
investigation, inquiry or trial under this Sanhita of an
offence under any law (not being an offence for which the
punishment of death or life imprisonment has been
specified as one of the punishments under that law)
undergone detention for a period extending up to one-half
of the maximum period of imprisonment specified for that
offence under that law, he shall be released by the Court
on bail:

Provided that where such person is a first-time offender
(who has never been convicted of any offence in the past)
he shall be released on bond by the Court, if he has
undergone detention for the period extending up to one-
third of the maximum period of imprisonment specified for
such offence under that law:

Provided further that the Court may, after hearing the
Public Prosecutor and for reasons to be recorded by it in
writing, order the continued detention of such person for a
period longer than one-half of the said period or release
him on bail bond instead of his bond:

Provided also that no such person shall in any case be
detained during the period of investigation, inquiry or trial
for more than the maximum period of imprisonment
provided for the said offence under that law.
Explanation.-In computing the period of detention under
this section for granting bail, the period of detention
passed due to delay in proceeding caused by the accused
shall be excluded.

(2) Notwithstanding anything in sub-section (1), and
subject to the third proviso thereof, where an
investigation, inquiry or trial in more than one offence or in
multiple cases are pending against a person, he shall not
be released on bail by the Court.

(3) The Superintendent of jail, where the accused person
is detained, on completion of one-half or one-third of the
period mentioned in sub-section (1), as the case may be,
shall forthwith make an application in writing to the Court
to proceed under sub-section (1) for the release of such
person on bail.”

7. Learned State Counsel, on the other
hand, has vehemently opposed the bail
application, but, has admitted the fact that
the co-accused has already been granted bail
by this Court on 16.09.2022.

8. Having considered this aspect, under the
facts and circumstances of the case and the
fact that the maximum sentence awarded
under sections in which applicant is being held
under trial is seven years, hence, applicant
has served for more than half of the sentence,
this Court is of the view that it is a case fit for
bail and the applicant deserves to be enlarged
on bail.

9. Accordingly, the bail application is
allowed.

10. Let the applicant be released on bail on
his executing a personal bond and furnishing
two reliable sureties each of the like amount,
to the satisfaction of the court concerned.

(Alok Mahra J.)
04.07.2025
Ujjwal