Kulveer Vs State of Himachal Pradesh (Himachal Pradesh High Court)
Himachal Pradesh High Court held that applicant not ipso facto entitled for relief of bail merely on the ground that case is triable by the Court of Judicial Magistrate. Accordingly, bail application in money laundering matter dismissed.
Facts- Applicant-Kulveer has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for releasing him on bail, during the pendency of trial, arising out of FIR dated 21st May, 2024, registered under Section 420 of the Indian Penal Code and Section 66D of the Information Technology Act, with Cyber Crime Police Station, Central Range, Mandi, District Mandi, H.P.
Conclusion- Held that merely on the ground that the case is triable by the Court of Judicial Magistrate, the applicant is not ipso facto entitled for the relief of bail, as the question of bail has to be decided, in accordance with the peculiar facts and circumstances of the case and considering the seriousness of the offence, as well as, evidence, so collected by the prosecution. Considering all these facts, the applicant is not able to make out a case for grant of bail, at this stage. Consequently, the bail application is dismissed.
