Madhya Pradesh High Court
Gagan Deep Singh vs The State Of Madhya Pradesh on 23 July, 2014
M.Cr.C.No.9605/2014
M.Cr.C. No.9605/2014
23/07/2014
Shri Aseem Dixit, Advocate for the applicant-accused.
Shri A.N.Gupta, learned PL for the respondent-State.
Case diary is available.
This is first bail application filed by the applicant-accused under section 438 of Cr.P.C. for grant of anticipatory bail, apprehending his arrest in connection with Crime No.176/2012, Police Station Civil Line Sagar for the offences registered under sections 506,507,509 read with section 34 of I.P.C. and section 67 of Information and Technology Act.
Learned counsel for the applicant submits that as per amended Cr.P.C. all the aforesaid offences are bailable. Similarly the offence punishable under section 67 of the Information and Technology Act is also bailable as per Section 77(b) of the Act. Hence, the applicant- accused be granted anticipatory bail in this case.
Learned PL opposing the submissions made on behalf of the applicant has prayed for rejection of the anticipatory bail application.
On perusal of 1st Schedule of Cr.P.C. upto 3.2.2013 published by Universal Law Publishing Co.Pvt. Ltd. all the aforesaid offences under sections 506,507 & 509 have been shown bailable. Similarly as per Section 77(b) of Information and Technology Act the offences punishable upto 3 years are bailable. For grant of anticipatory bail, the offence must be non-bailable. As discussed earlier, all the offences are bailable. Hence, anticipatory bail can not be granted in this case.
With the aforesaid observations, the application filed by the applicant is hereby dismissed.
(M.K. Mudgal) Judge b