IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B. Criminal Misc. Bail Application No. 6647/2009 Anand Sabu vs. State of Rajasthan Dated : 01.09.2009 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Pawan Sharma, for the petitioner. Mr. Amit Punia, Public Prosecutor for the State. Mr. Yatindra Prakash Sharma, for the complainant. This order governs the disposal of bail application filed under Section 439 of Cr.P.C. by Mr. Pawan Sharma Advocate on behalf of the applicant Anand Sabu pertaining to F.I.R. No. 498/2008 of police station Vidhyakpuri, Jaipur, in the offences under Sections 420 of IPC. Later on Section 66(2) and 70(3) of I.T. Act were added. 2. Heard the learned counsel for the petitioner, learned counsel for the complainant as also learned Public Prosecutor appearing for the State and perused the material on record. 3. Learned counsel for the petitioner has canvassed that he has been falsely implicated and is in no way connected with the commission of the alleged offence of cheating or hacking the computer of the instant case. He has been in custody since 21.7.2009, hence, he may be granted indulgence of bail. 4. Learned Public Prosecutor appearing for the State as also learned counsel for the complainant have opposed the bail petition on the ground that the petitioner misused the ID number of the complainant and thus, entered into four similar business transactions, causing a loss of Rs. Thirty nine lakhs and thirty nine thousands to the complainant and wrongful gain to himself. The arrest of other co-accused persons is also required to be made, hence, the bail petition may be dismissed. 5. Having reflected over the submissions made at the bar and scanned the relevant material available on record, it is noticed that there is not even a shred of evidence on record which may evince that the offence under Section 66(2) and 70(3) of I.T. Act are made out. Learned Public Prosecutor has failed to satisfy this Court that any protected system on computer or on computer system or on computer network was taken by the complainant and it was got duly notified by the State. So far as the use of ID number of complainant is concerned, the learned Public Prosecutor has fairly conceded that Mohit Sharma was authorized to use the ID number of the complainant. Hence, I, without expressing any opinion on the merits of the case, do feel inclined to grant bail to the accused petitioner. 6. It is, therefore, ordered that the accused petitioner Anand Sabu S/o. Vijay Kumar Sabu in F.I.R. No. 498/2008 of police station Vidhyakpuri, Jaipur, shall be released on bail on furnishing a personal bond of Rs.30,000/- together with two surety bonds in the sum of Rs. 15,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. (MAHESH BHAGWATI),J. Mak/- 22