Madhya Pradesh High Court
Seevendra (Shivendra) vs The State Of Madhya Pradesh on 7 April, 2015
MCRC-3527-2015
(SEEVENDRA (SHIVENDRA) Vs THE STATE OF MADHYA PRADESH)
07-04-2015
M.Cr.C. No.3527/2015
07/04/2015
Shri Sankalp Kochar, Advocate for the applicant.
Shri R.K. Kesharwani, Panel Lawyer for the respondents/ State.
This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 30/09/2014 in connection with Crime No. 73/2014 registered at P.S. Cyber Crime Branch, District Bhopal (M.P.) for the offences punishable under Sections 420, 467, 468, 469, 471 of the IPC and Sections 66-A, 66-C, 66-D Information Technology Act.
As per prosecution it is alleged against the applicant and co-accused Vipin Pathak that they have created a fake website of Railway Board with the website address http://rrbbpl.org, whereby about 11814 vacant posts were reflected. The applicant and co-accused received online applications on the aforesaid website and fees collected through the said applications have been deposited in various bank accounts.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. It is further submitted that there is no money transaction between the applicant and the persons who filed the applications. It is further submitted that account is said to have been opened in the name of Rural Education Parishad as per proceeding of the Parishad. Applicant was not office bearer of aforesaid Parishad. Main accused Vipin Pathak is still absconding. The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.
Learned counsel for State has opposed the application.
On due consideration of the contentions raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
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