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Ashok Kumar Vs. the State of Madhya Pradesh

Ashok Kumar vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Mar 19, 2013
~2 min read
https://sooperkanoon.com/case/1040429

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Citation
Court
Madhya Pradesh High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Ashok Kumar

Respondent

The State of Madhya Pradesh

Excerpt

.....in this case. except the offence under section 66 of the it act, all the other offences are triable by the magistrate. it is alleged against the applicant that he manipulated the data in the laptop (electronic record).laptop has been seized. nothing is required to be seized from the possession of the applicant. the applicant is a reputed citizen of the locality, in the event of arrest, his reputation will be tarnished, therefore, he be enlarged on anticipatory bail. learned counsel for the state has opposed the application. on due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, i am of the considered view that it is a fit case to enlarge the applicant on anticipatory bail, therefore, without expressing any view on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of rs.25,000/- (rs.twenty five thousand only) with one surety in the like amount to the satisfaction of the arresting officer. the applicant is directed to join the investigation and fully co-operate with the investigating agency. it is further directed that the applicant shall abide by the conditions enumerated in sub-section (2) of section 438 of cr.p.c.this order shall remain in force for a period of 60 days. in the meantime, if the applicant so desires, may apply for regular bail before the competent court, which shall be considered by that court in accordance with law. certified copy as per rules. (g.s.solanki) judge pb

Full Judgment

M.Cr.C.No.27/2013 19.3.2013 Shri Y.K.Gupta, Advocate for the applicant.

Shri Chandrakant Mishra, GA for the State.

This is the fiRs.bail application filed by the applicant under Section 438 of the Cr.P.C.for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.200/2012 registered at P.S.Jabera, District Damoh for the offence punishable under Sections 464, 465 of the IPC read with Section 66 of the IT Act.

Learned counsel for the applicant has submitted that applicant is falsely implicated in this case.

Except the offence under Section 66 of the IT Act, all the other offences are triable by the Magistrate.

It is alleged against the applicant that he manipulated the data in the Laptop (electronic record).Laptop has been seized.

Nothing is required to be seized from the possession of the applicant.

The applicant is a reputed citizen of the locality, in the event of arrest, his reputation will be tarnished, therefore, he be enlarged on anticipatory bail.

Learned counsel for the State has opposed the application.

On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to enlarge the applicant on anticipatory bail, therefore, without expressing any view on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rs.Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the arresting Officer.

The applicant is directed to join the investigation and fully co-operate with the investigating agency.

It is further directed that the applicant shall abide by the conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.This order shall remain in force for a period of 60 days.

In the meantime, if the applicant so desires, may apply for regular bail before the competent Court, which shall be considered by that Court in accordance with law.

Certified copy as per rules.

(G.S.Solanki) Judge PB

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