Madhya Pradesh High Court
Rishabh Namdeo vs The State Of Madhya Pradesh on 3 July, 2015
MCRC-10092-2015
(RISHABH NAMDEO Vs THE STATE OF MADHYA PRADESH)
03-07-2015
Shri Sanjay K. Agrawal, learned counsel for the
applicant.
Shri Amit Pandey, learned Panel Lawyer for the
respondent/State.
Heard arguments.
Perused case diary and material record. This is the first bail application filed by the applicant under Section 438 of the Cr. P.C., as he apprehends his arrest in connection with crime No. 185/15 registered at Police Station Ayodhya Nagar, Bhopal, against him for the offence punishable under section 292 of the I.P.C and Section 67 of the Information and Technology Act, 2000 (for short the 'Act).
Upon the perusal of case diary, it appears that offence under Section 67 of the Act is first time registered against the applicant.
As per the first schedule of the Cr.P.C. the offence under Section 292 of the I.P.C. and as per Section 77 (B) of the Act the offence under Section 67, being the first offence of the applicant, are bailable. Hence, this anticipatory bail application is not maintainable in view of the provisions of Section 438 (1) of the Cr.P.C. Therefore, this anticipatory bail application is dismissed as being not maintainable and the applicant is directed to appear before the Investigating Officer of the case and pray for grant of bail.
A copy of this order be sent for information to the 6 th Additional Sessions Judge, Bhopal in connection with the order dated 16.06.15 passed by him in anticipatory bail application No.2585/2015 Rishabh Vs. State of M.P. through Police Station Ayodhya Nagar, Bhopal. Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE sp/-