Madhya Pradesh High Court
Shravan Kumar Pandey vs The State Of Madhya Pradesh on 22 April, 2015
M.Cr.C.No.2923/2015
22.04.2015
Shri Bhuwan Gautam, learned counsel for the applicant.
Shri R.S.Bais, learned Dy.Govt. Advocate for the
respondent/State.
Case diary is available.
This is first bail application filed by the applicant under section 439 of the Code of Criminal Procedure for grant of bail.
The accused/applicant is arrested by the Police Station Jaora, District Ratlam in Crime No.07/2015 under sections 66(A), 66(C) and 66(D) of the Information Technology Act and Sections 468 and 419 of IPC.
According to the prosecution story, the complainant filed a written complaint before the Superintendent of Police, district Ratlam stating therein that she is a student of polytechnic college, Jaora, district Ratlam and somebody had stolen her photograph and created an false ID and false account on the face book. When she came to know about the false account created in her name she informed her family members and report has been lodged. During investigation, it was found that the present applicant used mobile phone issued in the name of co-accused Surendra Kumar and through his mobile phone he created the false account in the name of the complainant.
Learned counsel for the State opposes the bail application.
Arguments heard, case diary perused.
Learned counsel for the applicant argues that there is no evidence available on record that the present applicant crerated a false IP and false account on the face book. The SIM card was also issued in the name of the co-accused and therefore according to him he has been falsely implicated. He also submits that the applicant is a student and if he is not grantrd bail his career would be effected.
After going through the case diary it is apparent that the detailed IP addresses were obtained by the investigating agency. The IP addresses traceable found that a SIM was issued in the name of co-accused was being used and there is also evidence that at the relevant time the phone was used by the present applicant.
After going through the material available in the case diary and without commenting on the merits of the case, in my opinion no case is made out for grant of bail in this case.
Accordingly, the application is dismissed. Certified copy as per rules.
( ALOK VERMA) JUDGE RJ/