Mohammed Subhan v. The State Of Telangana
[ 31s8 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENry ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI,.
CRIMINAL PETITION NO: 527O OF ?OZL /'
Between:
Mohammed Subhan, S/o Jeelani Petitioner/Accused No. 1 AND The State of Telangana, Through the PS.Cybercrime Rachakonda. represented by the public prosecutor High court Buildings at Hyderabad Respondent/Complainant -- Petition under Sectlon 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in Crime No.417 of 2027 dated 75/4/2027 of cyber crime Rachakonda, SHO, R.R.District in the event of his arrest by the respondent /police z'
The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI J C FRANCIS Advocate for the Petitioner and the Assistant Public Prosecutor for the Sole Respondent, the Court made the following.
ORDER
\
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.5270 OF 2O2I ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A- I seeking to grant anticipatory bail in the event of his arrest in connection with Crime No.417 ol 2O2l of Cyber Crime P.S., Rachakonda, registered for the offences punishable under Sections 417,479 and 420 of the Indian Penal Code and Sections 66-C and 66-D of the Information Technologr Act.
Heard the l.a..red counsel appearing for the petitioner/A-1, learned Assistant Public Prosecutor appearing for the respondent- State and perused the record. Learned counsel for the petitioner/A- 1 would submit that the petitioner is innocent of the offences alleged against him and has been falsely implicated. The petitioner is having fixed abode and there is no question of absconding. It is further submitted that the petitioner/ A- 1 is willing to furnish suitable securiry and abide by any condition which this Court may deem fit to impose in the event of granting anticipatory bail. Hence, it is prayed that the petitioner/A-1 be granted anticipatory bail.
Learned Assistant Public Prosecutor opposed to grant anticipatory bail to the petitioner/A- 1 .
As per the contents of the FIR, there is no role attributed to the present petitioner and he is not at all involved in this case and has not committed any offence.
Looking into the facts and circumstances of the case, without delving into the merits of the same, I am inclined to grant anticipatory bail to the petitioner/A- 1.
The Criminal Petition is allowed and the petitioner/A- 1 is granted ar,ticipatory bail subject to the following terms and conditions:
(1) The petitioner/A-1 is directed to surrender before the Station House Officer, P.S. Cyber crime, Rachakonda, within a period of four weeks from the date of this order and on such surrender, the said Station House Ofl-rcer shall release the petitioner/A- 1 on bail on his executing personal bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) with fwo sureties for a like sum each to his satisfaction.
(2) The petitioner/A- 1 shall appear before the investigating authorities on every Monday between 10.00 am to 05.00 pm till completion of investigation and filing of final report.
(3) The petitioner/A- 1 shall deposit a sum of Rs.6,50,000/- (Rupees six lakh fifty thousand only) before the Court concerned within a period of four weeks from today and shall furnish an affidavit specifically showing the deposit made by the petitioner, as directed by this Court.
(a) The petitioner/A- 1 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade
him from disclosing such fact to the investigating authority.
(5) The petitioner/A- 1 shall not act in any manner which would be prejudicial to fair and expeditious investigation.
(6) If the petitioner/A- 1 fails to comply with the aforesaid conditions, Iiberty granted to him shall automatically stand cancelled.
(7) The petitioner/A- 1 shall not misuse the liberty granted to him, failing which the Court concerned shall take appropriate action in accordance with law.
(8) The petitioner/ A- I shall comply with the other conditions as laid down under Section 438(21 Cr.P .C and co-operate with the Investigating authorities. Miscellaneous applications, if any, pending shall stand closed I I I I EG] sD/- r. NA l\ssI //TRUE COPY// SECTION OFFICER To,
1. The Vll Metropotitan Magistrate cum Excise Court at L B Nagar' Rachakonda - -
2. The Station House Officer, PS Cybercrime Rachakbnda ---
5. On" CC to SRl. J C FRANCIS Advocate IOPUC] --- +r*oCCstoPUBLICPRoSECUToR,HighCourtatHyderabad.[oUT]--
5. One spare coPY E.::
HIGH COURT GSDJ DATED:1310812021 l!
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ORDER
=o* a-- N CRLP.No.5270 of 2021 BAIL