Madan Dattatray Gore v. The State Of Maharashtra And ANR

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION No. 470 OF 2018 Madan Dattatray Gore ...

Applicant Vs.

The State of Maharashtra ...

Respondent *** Mr. Sanjeev Prataprao Kadam, for the Applicant. Mr. N B. Patil, APP for the Respondent - State. *** CORAM : P. N. DESHMUKH, J.

DATE : MARCH 9, 2018 PC :- 1.

Issue notice to Respondent. Learned Additional Public Prosecutor waives service of notice for Respondent. 2.

Learned counsel for Applicant seeks protection from arrest for a period of two weeks by way of transit bail contending that Applicant is served with a notice under Section 160 Cr. P.C. mentioning that offence has been registered against him vide C. R. No. 49 of 2015 with State Cyber Police, Zone-Indore, Madhya Pradesh, dated 17th January, 2018 by which he is called upon to visit State 1 / 3

Cyber Cell at Indore on 24th January, 2018. It is case of Applicant that he is working as Major in the Army and presently posted at Tezpur in the State of Assam and was at his native place Satara in the first week of March, 2018 where an impugned notice was received in the house by his family member.

3.

It is submitted on behalf of Applicant that in the year 2011-12 he was facebook friend of one Ms. Neha Singh and had an occasion to meet her in Delhi when she was preparing for Civil Services exam and thereafter left to Indore sometime in 2012-13. According to Applicant, said Neha had proposed him for marriage. However, since Applicant could not materialise her request, he apprehends that such a complaint might have been lodged by said Neha, of which he served with notice. Applicant therefore, apprehends his arrest in the offence registered against him under Section 354C of Indian Penal Code read with Section 66E, 67 and 67A of the Information & Technology Act, 2000.

4.

Having considered the facts as aforesaid, following order is passed.

(i) In the event of arrest of Applicant in connection with 2 / 3

C. R. No. 49 of 2015 registered by the State Cyber Police, Zone, Indore (M.P.), he shall be released on bail on his executing PR bond in the sum of Rs.25,000/- with one surety in the lime amount; (ii) Present protection granted to Applicant shall remain in force till 23rd March, 2018.;

(iii) Applicant shall obtain further protection by filing necessary application before the Competent Court at Indore in whose jurisdiction offence bearing C. R. No. 49 of 2015 came to be registered by the State Cyber Police, Zone, Indore (M.P.);

(iv) Criminal anticipatory bail application shall stand disposed of in the aforesaid terms.

Sd/- [P. N. DESHMUKH, J.] Vinayak Halemath 3 / 3