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Madhya Pradesh High Court

Akash Ravidas vs The State Of Madhya Pradesh on 27 January, 2023

Author: Anil Verma

Bench: Anil Verma

                                                       1

              IN THE              HIGH COURT               OF MADHYA PRADESH
                                              AT I N D O R E
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE ANIL VERMA

                                      ON THE 27th OF JANUARY, 2023

                                 MISC. CRIMINAL CASE No. 47715 of 2022

              BETWEEN:-
              AKASH RAVIDAS S/O SHRI MADHU RAVIDAS,
              AGED ABOUT 29 YEARS, OCCUPATION: SERVICE
              R/O PITHAKYARI NIRSA DHANBAD (JHARKHAND)
                                                                            .....APPLICANT
              (by shri VIKAS KUMAR SONI- ADVOCATE )

              AND
              THE STATE OF MADHYA PRADESH STATION
              HOUSE OFFICER THROUGH POLICE STATION
              CYBER AND HIGHTECH CRIME DIST. CYBER
              CELL INDORE (MADHYA PRADESH)
                                                                         .....RESPONDENTS
              (BY SHRI KAPIL MAHANT - PL )
              _____________________________________________________________________
                          This application coming on for admission this day, the court passed
              the following:

                                                   ORDER

Heard on I.A. Nol 13369/2022, which is an application for removing defects in para 3 of the application.

Order dated 12/12/2022 has duly been complied with by amending page nos. 3 and 4, therefore, the I.A is disposed of.

Also heard on I.A. no. 13241/2022, which is an application for ignoring the defects ponted out by the office.

The defects have alredy been cured, therefore, the I.A stands Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 1/27/2023 6:18:26 PM 2 disposed of being rendered infructuous.

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 129/2021 registered at P.S - Cyber and Hyper Crime, Cyber Cell, Indore, District- Indore (M.P.) for commission of offence punishable under Sections 419, 420, 467, 468, 471, 201, 120-B of IPC and sections 66 C and 66D of I.T. Act.

As per prosecution story, the applicant committed cyber crime and grabbed the amount of more than Rs. 33,42,410/- from the complainant. Accordingly, the aforementioned offence was registered and he was arrested.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. He was not named in the FIR. Earlier, the offence of similar nature was registered by Jharkhand police, but he was enlarged on bail vide order dated 27/06/2022 passed by the High Court of Jharkhand, but after 155 days, he was produced before the Court of JMFC, Indore on 16/09/2022, therefore, he is entitled for bail under the provisions of section 167(2) of Cr.P.C. He is youth who is the future of nation. He is permanent resident of District - Dhanbad and sole bread earner in his family. His wife and one kid is dependent upon him. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

In support of his contention, learned counsel has placed reliance upon the judgment delivered by Madras High Court in the case of Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 1/27/2023 6:18:26 PM 3 M.Kishore Vs. The Inspector of Police (CrL.O.P. no. 18040 and 14411 of 2020 decided on 06/01/2020 ) Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection by submitting that although the applicant is not named in the FIR because at that time, the complainant did not know the name of person, who committed cyber crime with him; allegedly, the applicant grabbed more than Rs. 33 lacs from the complainant; such type of cyber crime is being operated from certain villages of Jharkhand; one criminal antecedent has also been found against the applicant, therefore, he is not deserve for bail.

Perused the impugned order of the trial Court as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that production warrant has been issued in respect of present applicant; he was produced before the Court at Indore on 17/09/2022, therefore, the applicant is not entitled for default bail under section 167(2) of Cr.PC; one criminal antecedent of similar nature has also been found against the applicant.

Such types of cyber crimes have increased in the society; such types of cyber accused are extraordinary trained person; such type of crimes has long-term negative impact on victims and they should not be dealt with casually or let gone in cursory manner, it is very unfortunate that even after providing awareness, numerous people are being trapped in such cyber fraud; Jamtara area in Jharkhand is famous as India's Cyber Crime Hub, therefore, in view of the prima-facie evidence available on record against the applicant, this Court is not inclined to grant bail to the applicant.

Accordingly, this bail application filed under section 439 of Cr.PC by the applicant has no force and is hereby dismissed.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE amol Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 1/27/2023 6:18:26 PM