MAHESH VIRANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Public Prosecutor.

(2.) This second bail application has been filed under Section 439 Cr.P.C. Previously the bail application filed by the accused petitioner was dismissed as withdrawn on 23.10.2009 with the liberty to move regular bail application before the trial court immediately after recording the statement of the prosecutrix. Hence this second bail application has been filed after recording of the statement of prosecutrix. Mr. Amit Jindal, learned counsel appearing for the accused petitioner contended that the charge has been framed against the accused petitioner only for offence under Section 67 of the Information and Technology Act, 2000, which is a bailable offence having sentence of 3 years, Section 67 of the Information Technology Act, reads as under:

(3.) Section 77 B of the IT Act provides that the offences with three years imprisonment is bailable. Section 77 B of the IT Act, 2000 reads as under: