Madhya Pradesh High Court
Shrikant Dixit And 4 Ors. vs State Of M.P. And Anr. on 9 July, 2014
Miscellaneous Criminal Case No.7158/2013 09.07.2014
Applicant No.2 Shri Jayesh Bhandari is present in person.
None for the non-applicant / State.
It is informed that the State Counsel is not present, keeping in view the resolution passed by the High Court Bar Association, Indore making a call for abstaining from Court work.
Heard on the application filed on behalf of the applicants No.1 to 5.
This is an application filed under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in connection with Crime No.04/2013 registered at Cyber & High Tech Crime Police Station, Bhopal (MP) for the commission of the alleged offence under Section 406/34 of the Indian Penal Code and also under Sections 43 and 66 of the Information Technology Act.
The applicants have been denied anticipatory bail by the Additional Sessions Judge, Indore firstly on 14.06.2013 and thereafter on 01.08.2013. This anticipatory bail application being adjourned from time to time right from 20.09.2013 on account of non-production of the case diary by the State Counsel.
Perused the orders passed by the Additional Sessions Judge, Indore rejecting the bail application twice.
Having gone through the averments made in the 2 miscellaneous criminal case and the orders passed by the Additional Sessions Judge, Indore, it is revealed that the applicants were getting training in M Apps Education Private Limited at Jaora Compound, Indore for Mobile Technology. According to the applicants on account of dispute about the non-payment of Fees, the company in which they were getting training, lodged false complaint against them for the theft of their data causing loss to the institute to the extent of Rs.9,00,000/-. It has been stated in the bail application that the institute did not provide them proper Trainer and therefore, the part payment of the Fees was not made to the institute, and as such, in order to extract that amount, false complaint, as aforesaid, has been lodged against them.
Taking into consideration the overall facts and circumstances of the case, nature of allegation and the dispute, I am of the view that the applicants have made out a case for grant of anticipatory bail.
Accordingly, the application is allowed and it is directed that in the event of applicants Shrikant Dixit s/o Rajendra Kumar Dixit, Jayesh Bhandari s/o Prakash Bhandari, Vinit Yadav s/o Rajendra Yadav, Pankaj Mishra s/o Ashvarya Mishra and Yashdeep Khare s/o Laxman Khare being arrested in connection with the aforesaid crime number, they shall be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one surety 3 each in the like amount to the satisfaction of the Arresting Officer. The applicants shall abide by the conditions enumerated under Section 438 (2) of the Cr.P.C.
C. c. today.
(Shantanu Kemkar) Judge Pithawe RC