Devkaran Hanumansinh Ravat v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1998 OF 2022 Devkaran Hanumansinh Ravat ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. V.V. Phatate, Advocate, for the Applicant. Mr. V.B. Konde-Deshmukh, APP, for the Respondent/State. Mr. M.T. Sule, HC/1103, Cyber Police Station, Taluka Soluapur, District Solapur, present.

CORAM

:

N.R. BORKAR, J.

DATE :

24.11.2022.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No. 821 of 2021 registered at Solapur Taluka Police Station, Solapur, for the offence punishable under Sections 419, 420, 468, 469, 470, 471, 501 of the Indian Penal Code (in short I.P.C.) and under Section 66(C)(D) of the Information Technology Act, 2000.

3.

I have heard the learned counsel for the applicant and learned APP for the respondent/State and perused the FIR. 4.

The allegations are of creation of a fake Facebook account 1/3

2/3 by the present applicant. According to the prosecution on 07/10/2021, Smt. Tejaswini Satpute, who was then working as Superintendent of Police, Solapur (rural) had found that somebody had created a fake Facebook account in her name. She also found that her Facebook friends were being asked to send money to her. The report was thus lodged and during investigation it was found that the said fake Facebook account was created by the present applicant. 5.

The learned counsel for the applicant submits that the present applicant is a labour. Thus the possibility of misuse of mobile number of the present applicant for creating the alleged fake Facebook account can not be ruled out. It is submitted that the applicant is in jail for more than 10 months. The learned counsel for the applicant submits that further detention of the present applicant is not necessary as the investigation is over. It is submitted that the applicant therefore may be released on bail.

6.

On the other hand, the learned APP for the respondent/State submits that the applicant is involved in a serious crime of creating a fake Facebook account of Superintendent of Police. It is submitted that the applicant is not resident of the State of Maharashtra and therefore, he may abscond if released on bail. Accordingly, it is submitted that the applicant may not be released on bail.

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3/3 7.

Prima facie the applicant does not appear to be a part of some Cyber Crime Syndicate. The applicant is in jail for more than 10 moths. There are no other criminal antecedents. Considering these facts, I am inclined to release the applicant on bail.

ORDER

A] The Bail Application is allowed.

B] The applicant be released on bail in Crime No. 821 of 2021 registered at Solapur Taluka Police Station, Solapur, for the offence punishable under Sections 419, 420, 468, 469, 470, 471, 501 of the I.P.C. and under Section 66(C)(D) of the Information Technology Act, 2000, on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two local sureties in the like amount. C] The applicant shall attend the concerned Police Station once in a month, i.e. on the first Saturday between 11.00 a.m. to 2.00 p.m., till conclusion of the trial.

[N.R.BORKAR, J.] 3/3