Madhya Pradesh High Court
Manish Kumar vs The State Of Madhya Pradesh on 29 November, 2021
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1 M.Cr.C.No.57942/2021
(Manish Kumar Vs. State of M.P.)
Indore : Dated 29.11.2021
Shri C.P.Purohit, learned counsel for the applicant.
Shri Viraj Godha, learned Panel Lawyer for the respondent/State.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.368/2021, registered at Police Station, Mandleshwar, District Khargone (M.P.) for commission of offence punishable under Section 467, 471, 507, 509 of IPC and under Section 67 of Information Technology Act.
Prosecution story, in brief, is that applicant without disclosing his identity created mail ID of the prosecutrix on instagram and uploaded obscene photographs and messages from his mother's SIM.
Learned counsel for the applicant submits that all the offences alleged against the applicant are punishable with not more than three years imprisonment as charge sheet has been filed against him for the offences punishable under Section 467, 471, 507, 509 of IPC and Section 67 of Information Technology Act. Learned counsel for the applicant further submits that there is nothing on record on the basis of which it can be said that the said obscene photographs and messages were uploaded by the applicant from his mobile or from the mobile of his mother. Applicant and complainant both were known to each other and were working together. He has falsely been implicated in the matter. Applicant 2 M.Cr.C.No.57942/2021 (Manish Kumar Vs. State of M.P.) is in custody since 9.11.2021. Trial will take time for its conclusion, therefore, prayer is made to enlarge the applicant on bail.
Learned counsel for respondent/State opposes the application and submits that applicant is a resident of Bihar and it has been found during investigation that the uploaded obscene photographs and messages on the ID of the complainant, which he himself created concealing his identity. The offence registered against the applicant is of serious nature, therefore, he does not deserve to be enlarged on bail.
Having considered the rival submissions, material produced on record and also considering the fact that allegations alleged against the applicant are punishable not more than three years imprisonment and other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicant is directed to be released on bail upon his furnishing two personal bonds in the sum of Rs.25,000/- each (Rupees Twenty Five Thousand Only) with separate solvent sureties in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.
3 M.Cr.C.No.57942/2021
(Manish Kumar Vs. State of M.P.) In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.
This M.Cr.C. stands allowed and disposed of.
C. C. as per rules.
(Satyendra Kumar Singh) Judge Patil Digitally signed by SHAILESH PATIL Date: 2021.11.29 15:53:29 +05'30'