1 ABA-763-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi ANTICIPATORY BAIL APPLICATION NO. 763 OF 2011 Mr. Rakesh s/o. Musaddhilal Gupta ... Applicant vs. 1. The State of Maharashtra ) 2. Indian Railway Catering & Tourism ) Corporation. ).. Respondents Mr.A.M.Saraogi,Advocate, for the applicant. Mr. Y.M.Nakhwa, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 12th September, 2011. P.C. 1. The applicant seeks anticipatory bail in Crime No.23/2011 registered with Cyber Cell Police Station, Bandra Kurla Complex, Bandra (East) for the offences punishable under Sections 406 and 419 read with Section 34 of IPC and under the provisions of Information Technology Act. 2. Heard the learned Counsel for the parties and perused the police papers. 3. It appears that Indian Railway Catering & Tourism Corporation 2 ABA-763-11.sxw (IRCTC) had appointed certain agents throughout the country for booking the Railway tickets by three different methods, including online booking. It is contended that one M/s.Soft Vehli Samarpan Market, Varnasi had developed a software, which if connected with the website of IRCTC, could book a large number tickets as soon as the booking would open and thus, booking of the tickets in Tatkal category would be completed within minutes after the facility is opened at 8 a.m. and this caused great difficulty to genuine passengers. It was revealed that the said software was purchased by one Kalpesh Shah and he distributed the same to different agents. One of such agents was a shop known as One Stop Shop. According to prosecution, one Girish Agarwal, who is a partner of One Stop Shop, had sold the said software to different persons and sub-dealers. The present applicant is said to be one of the partners of One Stop Shop. 4. Perusal of the police papers revealed that though several persons have stated before the police that they had purchase the software from Girish Agarwal of One Stop Shop, there is no material to show that the present applicant is either a partner of One Stop Shop or connected with that Shop. Except the bare contention of the prosecution, there is no material in this respect. For the first time on 7.6.2011, Kalpesh Shah had disclosed that he had sold the software to some 7 - 8 persons, but the list contains 10 names, including Girish Agarwal, Nikhil and 3 ABA-763-11.sxw present applicant Rakesh Gupta. During the last three months, the I.O. could not record a single statement to show that the present applicant had actually sold the software to anybody or had misused the same. 5. In view of the above circumstances, in the event of arrest in Crime No. 23 of 2011 registered at the Cyber Cell Police Station, Bandra-Kurla Complex, Bandra (E), the applicant be released on his executing P.R. of Rs. 15,000/- with a surety in the like amount with condition that he shall make himself available to police and shall fully co-operate with the investigation. He shall not misuse the bail. (J.H.BHATIA,J.)