Mujeeb Barand Kandiyal S/O Ibrahim And Another v. The State Of Maharashtra

26-BA-2218-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.2218 OF 2022 MUJEEB BARAND KANDIYAL S/O IBRAHIM AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. A. K. Bhosle APP for Respondents: Mr. K. S. Patil ....

CORAM : S. G. MEHARE, J.

DATE : 06.02.2023 PER COURT :

1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondent-State at length.

2.

The learned counsel for the applicants would vehemently argue that the Sim cards allegedly seized in the crime are not connected with the present applicants. Except the Sim cards, there is no evidence against them.

3.

The learned A.P.P. has opposed the application on the ground that the offence is serious. The other circumstances are sufficient to believe the prosecution case.

4.

After hearing the respective learned counsels at length, the question that arose was whether these alleged Sim cards have any connection with the applicants. However, the prosecution has no strong

26-BA-2218-22.odt circumstances to show that the Sim cards seized from the applicants have any connection with the present crime. Except this, there are no strong circumstances against the applicants. Therefore, application deserves to be allowed. Hence, the following order :

ORDER

(i) The application is allowed.

(ii) The applicant No.1 Mujeeb Barand Kandiyal S/o Ibrahim and applicant No.2 Mohammad Maniyat S/o Mohidu be released on bail, on executing P.B. and S.B. of Rs. 50,000/- each with one solvent surety in the like each amount, in C.R. No.I-17 of 2022 registered with Cyber Police Station, Jalgaon for the offences punishable under Sections 420, 384 and 501 of the Indian Penal Code read with Sections 66, 66(C) and 66(D) of the Information Technology Act, on the conditions that;

(a) They shall furnish their identity proof for the purpose of their permanent residence and mobile phone numbers currently they are using.

(b) They shall contact/ attend Cyber Police Station, Jalgaon fortnightly on first and last Tuesday of each month between 11.00 a.m. to 1.00 p.m. till the conclusion of the trial. (c) They shall attend the trial on each effective date. (d) They should avoid to involve in the similar crime. ( S. G. MEHARE, J. ) ysk