MOHAMMAD ANWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second application filed on behalf of the applicant under Section 439 of Cr.P.C. for grant of bail. First application MCrC No.32144/2019 has been dismissed as withdrawn vide order dated 19.08.2019.

(2.) The applicant has been arrested on 15.07.2019 in connection with Crime No.36/2019 registered by Police Station Cyber Cell, Bhopal, District Bhopal for offence punishable under Sections 420, 419/34, 468 and 471 of IPC and Section 66-D of Information Technology Act.

(3.) Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the case. It is further submitted that the applicant has been made accused only on the basis of memorandum of co-accused and his own memorandum also, which is not admissible in evidence. The applicant has never approach to induce of cheat to the complainant and merely because he is the friend of main accused, made accused in the offence. The only role to the applicant is that he created the website for the main accused by whom the main accused cheated the complainant and other persons. The applicant is 75% handicapped person for which he has filed copy of certificate annexed herewith as Annexure A/2. The FIR is of withdrawal of the money against the unknown persons, but there is no recovery of money done from the applicant and also no identification parade has been conduced by the police. The applicant is in jail since 15.07.2019. Trial will take a long time to conclude. The applicant is permanent resident of the district and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the applicant on bail. Counsel has also placed reliance on the decision in Sunil Kumar Panda v. State of Chhattisgarh reported in AIR 2018 SC (Supp) 287 in which the applicant was enlarged on bail under section 420/34 of IPC while he was under custody since July 2017. Counsel has also filed an order of this Court dated 05.07.2019 passed in M.Cr.C. No.17556/2019 in which the applicant was enlarged on bail on a condition of depositing 1/3rd of the defalcated amount Rs.2,33,000/- in the trial Court.