Madhya Pradesh High Court
Sageer Ahmed vs The State Of Madhya Pradesh on 13 March, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 13 th OF MARCH, 2023
MISC. CRIMINAL CASE No. 10976 of 2023
BETWEEN:-
SAGEER AHMED S/O SHRI AKEEL AHMED, AGED
ABOUT 40 YEARS, OCCUPATION: SCRAP VENDOR R/O D
41 RAJEEV NAGAR MANDOLI JAIL KE PEECHE HARSH
VIHAR PURVOTTAR NEW DELHI (DELHI)
.....APPLICANT
(BY SHRI NIRMAL SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CYBER CELL GWALIOR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI G.P. CHAURASIA - PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
Case Diary is perused.
Learned counsel for the rival parties are heard. This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant was arrested on 20.07.2022 by Police Station- Cyber Cell, Gwalior, District- Gwalior (M.P.) in connection with Crime No.14/2016 for the offence punishable under Sections 380, 468, 471, 34, 120-B, 204, 420 of IPC and Section 66 of IT Act.
Signature Not VerifiedA s per prosecution story, on 27.03.2016 a complaint was registered Signed by: ADNAN HUSAIN ANSARI Signing time: 3/14/2023 2:40:20 PM 2 against unknown person whereby they opened the front panel of the ATM machine and with the use of pendrive, keyboard and other devices attempted to hack the ATM machine whereby it came into light of the banking authorities that the ATM machine was not working the same was duly verified and it came into knowledge of the banking authorities that Rs. 5,68,000/- was taken away and complaint was done to the police authorities and during investigation present applicant alongwith other co-accused person were identified and accordingly they were arrested.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is further submitted that present applicant accused has been arrested on surmises and conjectures without any cogent evidence. No evidence is on case diary to connect the case to the present applicant accused, only on the basis of suspicion, he has been implicated in the crime. The applicant is in custody since 20.07.2022 and he is a permanent resident of New Delhi. There is no likelihood of his absconsion or tampering with the prosecution evidence. He 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 bail is made out.
Per contra, learned counsel for the State vehemently opposed the prayer and prayed for dismissal of the application.
Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if applicant furnishes a cash security of Rs.1,00,000/- ( One Lakh Rupees Only) alongwith a personal bail bond of Rs.1,00,000/- (Rupees One Lakh Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/14/2023 2:40:20 PM 3 Rupees Only) with one solvent surety of the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.1,00,000/- shall be forfeited without giving him any notice.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules/direction.
(DEEPAK KUMAR AGARWAL) JUDGE Adnan Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/14/2023 2:40:20 PM