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Madhya Pradesh High Court · body

2017 DIGILAW 690 (MP)

ANAND SHARMA v. STATE OF M. P.

2017-05-18

ATUL SREEDHARAN

body2017
JUDGMENT : 1. Shri Sushil Kumar Tiwari, learned counsel for the applicant. Shri Devendra Shukla, learned panel lawyer for the respondent/State. 2. This is first application for grant of bail in connection with Crime No. 9/17 registered at Police Station Cyber Cell District Bhopal for the offence punishable under sections 468, 201 of Indian Penal Code and sections 67, 67-A of the Information and Technology Act. According to the case of the prosecution, the applicant has been in judicial custody since 21-2-2017 for accused of having sent vulgar photographs to the complainant between 1-1-2017 to 11-1-2017. Upon her complaint, the FIR was registered and after commencement of the investigation, it was found that the offended photographs were sent from three numbers being 7509169335, 8965954526 and 8718952351, of which only one number is registered in the name of the applicant herein. 3. Learned counsel for the State on the other hand has argued that the other two numbers were also taken by the applicant by fraudulent means and once the investigation commenced, he is stated to have destroyed the SIM numbers. 4. Be that as it may. As the allegations is restricted to sending objectionable photographs to the complainant and that the applicant is in judicial custody since 21-2-2017 and the charge-sheet has been filed and as his requirement in the investigation is not required, I am inclined to allow the application and direct that the applicant – Anand Sharma be enlarged on bail upon his furnishing 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. 5. Accordingly, the application is allowed. Cc as per rules.