Madhya Pradesh High Court
Raju Sahu vs Cyber And High Tech on 10 November, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
MCRC-52907-2021
(Raju Sahu & Anr. Vs. State of M.P.)
Gwalior, Dated : 10/11/2021
Shri F.A. Shah, learned counsel for the applicants.
Shri Rohit Mishra, learned Additional Advocate General for the
respondent/State.
At the very outset, learned counsel for the applicants seeks leave of this Court to withdraw this first application filed under Section 438 of Cr.P.C. in respect of the applicant No.1- Raju Sahu.
Prayer is allowed.
Accordingly, this first application under Section 438 of Cr.P.C. in respect of the applicant No.1-Raju Sahu stands dismissed as withdrawn.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant No.2 has filed this first application under Section 438 of Cr.P.C., for grant of anticipatory bail.
Applicant No.2 apprehends his arrest in connection with Crime No.35/2020 registered at Police Station- Cyber and High Tech Bhopal Zone Gwalior Cyber Cell Kampoo (M.P.) for the offences punishable under Sections 420, 467, 468, 471 and 34 of the IPC and Sections 66-C and 66-D of Information Technology Act.
Allegations against the applicant, in short, are that the applicant No.2 and co-accused- Madhav Singh opened a fake account by preparing forged documents in the name of complainant in Kotak Mahindra Bank 2 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-52907-2021 (Raju Sahu & Anr. Vs. State of M.P.) and took the loan of Rs.30,000/- . It is also alleged that co-accused also made changes in the ID provided by the complainant and received the loan without complainant's knowledge and consent. On the basis of aforesaid, crime has been registered.
Learned counsel for the applicant No.2 submits that the applicant No.2 is aged about 29 years and he has been falsely implicated in this case. The applicant No.2 has been implicated in this case only on the basis of receiving OTP on his mobile phone. The applicant No.2 is not the employee of Kotak Mahindra Bank. It is also submitted that there is no allegation against the applicant under the Information Technology Act, therefore, offences under Sections 66-C and 66-D of Information Technology Act are not made out against the applicant No.2. It is also submitted that owing to COVID-19 outbreak, detention of applicant No.2 in already congested prisons may be detrimental. Applicant No.2 is ready to cooperate in the investigation. He is a permanent resident of District- Bhopal (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence. The applicant No.2 is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of anticipatory bail is made.
On the other hand, learned Additional Advocate General for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and material available on record, no case for grant of bail is made out. It is also submitted that investigation is 3 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-52907-2021 (Raju Sahu & Anr. Vs. State of M.P.) pending, therefore, custodial interrogation may be required.
Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant No.2.
Accordingly, this application is allowed and it is hereby directed that in the event of arrest of applicant No.2- Prashant Daliya, he shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Arresting Authority. The applicant No.2 shall also furnish a written undertaking that he shall abide by all the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any 4 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-52907-2021 (Raju Sahu & Anr. Vs. State of M.P.) person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant will not seek unnecessary adjournments during the trial; and
5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
6. If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.
Certified copy/e-copy as per rules/directions.
(S.A. Dharmadhikari) Judge rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4 dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9 D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2021.11.11 14:37:46 +05'30'