Raju Sahu vs Cyber And Hightech Crime Police on 25 January, 2023

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Madhya Pradesh High Court

Raju Sahu vs Cyber And Hightech Crime Police on 25 January, 2023

Bench: Deepak Kumar Agarwal

                                  1
 IN     THE         HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 25 th OF JANUARY, 2023
                   MISC. CRIMINAL CASE No. 568 of 2023

BETWEEN:-
RAJU SAHU S/O SHRI JAGDISH SAHU, AGED ABOUT 27
YEARS, R/O 104 VINAYAK VELI COLONY KARUDH,
BHOPAL (MADHYA PRADESH)

                                                               .....APPLICANT
(BY SHRI IMRAN KHAN - ADVOCATE)

AND
CYBER AND HIGH-TECH, CRIME POLICE CYBER CELL
ZONE GWALIOR CYBER CELL KAMPOO (MADHYA
PRADESH)

                                                           .....RESPONDENTS
(BY SHRI C.P.SINGH - PANEL LAWYER)

       This application coming on for admission this day, the court passed the
following:
                                     ORDER

This is the Third application u/S.439 Cr.P.C filed by the applicant for grant of bail. The first and second applications were dismissed as withdrawn vide orders dated 17/01/2022 and 05/07/2022 passed in MCRC Nos.64652/2021 and 29297/2022 respectively by the Coordinate Bench (Hon'ble Shri Justice Anand Pathak) who has been transferred to Main Seat, Jabalpur (M.P.).

Applicant has been arrested on 22/12/2021 by Police Station - Cyber and High- Tech Crime Police Station, Bhopal Zone, Gwalior, Cyber Cell, Kampoo, District- Gwalior (M.P.) in connection with Crime No.36/2020 for the offence 2 punishable under Sections 420, 467, 468, 471 and 34 of IPC and Sections 66(C) and 66(D) of I.T. Act.

Prosecution story, in short, is that complainant- Anil Arya lodged a complaint at Cyber Cell, Zone Gwalior alleging that co-accused- Madhav Singh by preparing forged documents in the name of the complainant, opened a fake account in Kotak Mahindra Bank and took a loan of Rs.23,400/- and kept it himself. The complainant came to know about it when he received phone call from India Bulls Company for depositing the installment. He further alleged that the said co-accused- Madhav by making changes in the IDs provided by him, received the loan without his knowledge and consent. Accused- Madhav Singh was arrested and his statement under Section 27 of Evidence Act has been recorded in which he revealed the name of one Rohit Chaurasiya as conspirator. When Rohit was interrogated, he stated that with intention to cheat the complainant he acted as D.S.A. of the company and mobile Number No.9625313895 was used by him for contacting the complainant. The said mobile number was provided by the company to the present applicant. On his report, aforesaid crime has been registered. After completion of investigation, charge sheet has been filed.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the case. After investigation, charge sheet has been filed, therefore, further custodial interrogation is not required in the matter. The applicant is in custody since 22/12/2021 and he is the permanent resident of District- Bhopal (M.P). Conclusion of trial will take time. Under these circumstances, learned counsel for the applicant prayed for bail.

Learned counsel for the State vehemently opposed the bail application 3 and prayed for its dismissal.

Both the Advocates are heard. Case diary perused. Looking to the facts and circumstances of the case, without commenting on the merits of the case, this Court is of the opinion that the application should b e allowed and by allowing the application, it is ordered that if the applicant furnishes a personal bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in 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. Application stands allowed and disposed of.

Copy of this order be sent to trial Court concerned for information and compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab6 JUDGE rahul 76d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00 D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED91 0FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.01.25 18:39:20 +05'30'

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