STATE Vs. RAJESH GOSAIN

JUDGEMENT

(1.) Vide this common order, I shall dispose of Crl.M.C. No.1635/2013, Crl.M.C. No. 1012/2013 and Crl.M.C. No. 1022/2013 as Crl.M.C. No. 1635/2013 has been filed by the State u/s 482 Cr.PC. r/w Section 439(2) Cr.P.C. seeking setting aside of order dated 26th February, 2013 passed by learned Additional Sessions Judge, New Delhi whereby the respondents were granted anticipatory bail in case FIR No. 154/2011 registered at PS Economic Offences Wing u/s 66/66C Information Technology Act, 2000 r/w Section 408/420/120B/IPC whereas Crl.M.C.No.1012/2013 and Crl. M.C.No.1022/2013 have been filed by the complainant against respondent No. 2 seeking the same relief. For the sake of convenience, I shall take up Crl.M.C. No.1635/2013 filed by the State.

(2.) 1. It is the case of the petitioner that FIR No.154/2011 came to be registered on the complaint of Mr. Vijay Govind Saxena, General Manager (HR), M/s. Vogueserv International Pvt. Ltd. alleging that their ex-employees, namely, Mr. Rajesh Gosain, Mr. Alok Gupta, Mr. Abhishek Arvind and Mr. Mohit Kothiwal had committed theft of data by way of unauthorised access to the computer system, network and e-mails of the company and also took wrongful possession of sensitive and confidential information entrusted to them in their capacity. It was further alleged that the aforesaid persons diverted business from Vogueserv International Pvt. Ltd. to their newly formed company.

(3.) The applications have been contested by the respondents by filing separate replies.