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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
ON THE 26 th OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 42227 of 2023
BETWEEN:-
ANIRBAN MAITY S/O SHRI SUKUMAR MAITY, AGED
ABOUT 30 YEARS, OCCUPATION: PRIVATE WORK R/O
VILLAGE MANIKJOR MAIDEENPUR EAST (WEST
BENGAL)
.....APPLICANT
(BY SHRI A. H. USMANI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
CYBER CELL DISTRICT JABALPUR (MADHYA
PRADESH)
.....RESPONDENT
(STATE BY MS. S. S. BAGHEL - PANEL LAWYER - AND COMPLAINANT BY
SHRI AVI SINGH - ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application under Section 439 of the Code of Criminal
Procedure 1973 for grant of bail filed on behalf of the applicant who has been
arrested relating to FIR/Crime No.273/2022 dated 29.12.2022 registered at
Police Station Cyber Cell, district Jabalpur, for the offences punishable under
Sections 419, 420, 467, 468 and 471 of IPC and Section 66(D) of Information
Technology Act, 2000.
Learned counsel for the applicant submits that the applicant is in judicial
custody since 31.8.2023 and the trial will take considerable time to conclude.
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He further submits that the applicant is innocent and has falsely been implicated
in the case. The applicant is a permanent resident of district Howrah in West
Bengal and is ready to furnish adequate surety and shall abide by all the
conditions to be imposed by the Court. Upon these grounds, it is prayed that
the applicant be released on bail.
Learned counsel for the State and learned counsel for the objector have
opposed the bail application.
Heard learned respective counsel for the parties and perused the case
diary.
In this case, a forged website was prepared for the purpose of allotting
gas agency dealerships. In this process, complainant Ram Sushil Kushwaha
was cheated to the tune of Rs.4,90,501/-. Out of this money, Rs.50,000/- were
traced in the account of applicant. It is claimed by the applicant that he has
refunded that amount to the complainant.
The complainant is present through his counsel before this Court and has
submitted the documents pertaining to "no objection" on this bail application.
Looking to the nature of transaction and the compromise arrived at
between the parties, this Court deems it fit to release the applicant on bail,
therefore, without commenting on the merits of the case, this application is
allowed.
It is directed that the applicant shall be released on bail upon his
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
of the trial Court concerned for his appearance before the said Court on all
such dates as may be fixed in this regard during pendency of the trial.
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It is further directed that the applicant shall comply with the provisions of
Section 437(3) of Cr.P.C.
Accordingly, this M.Cr.C. stands allowed and disposed of.
(ANURADHA SHUKLA)
JUDGE
ps
Digitally signed by PRASHANT
SHRIVASTAVA
Date: 2023.09.27 14:37:46 +05'30'
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