Counter affidavit filed by the State today in Court is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The applicant Dev Chinmay has sought bail in Crime No. 213 of 2016, under Sections 420, 467, 468, 471 IPC, and Section 66 Information Technology Act, 2000, relating to Police Station Kaiserbagh, Lucknow.
The contention of the learned counsel for the applicant that even if the FIR version is believed, no offence under Sections 420, 467, 468, 471 IPC are attracted in the present case. The only allegation against the applicant is that he uploaded the advertisement in his face book account and invited applications to work in Woman Power Line 1090. The submission is that neither any one applied for the same nor he received any thing from any one. In fact the advertisement was made for job in Tech. Mahendra. The applicant is languishing in jail since 31.7.2016 without any offence being committed by him.
Learned A.G.A. has opposed the prayer for bail.
Upon hearing learned counsel for the parties, perusing the record and considering the facts and circumstances of the case, the nature of accusation made against the applicant, severity of punishment to be awarded in case of conviction and without commenting on the merits of the case, I find it a case of bail.
Let applicant named above be released on bail in the aforesaid Case Crime Number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 6.12.2016 Muk