Granting bail due to stalled trials caused by the Covid-19 pandemic.

JUDGMENT

Shailendra Shukla, J. - Heard. Perused the case diary.

2. This is third application under Section 439 of Cr.P.C. for grant of bail. Applicant Abhishek S/o Harish Diwan is implicated in Crime No.109/2019 registered at Police Station Cyber Cell, District Indore for the offence punishable under Sections 419, 420, 120-B and 34 of IPC along with Sections 66- C and 66-D of the IT Act and he is in custody since 03.09.2019.

3. His first bail application was dismissed by this Court vide order dated 18.12.2019 passed in MCRC No.49394/2019. However, vide order dated 25.06.2020 passed in MCRC No.15535/2020, looking to the Covid-19 Pandemic situation, temporary bail of 60 days was granted to him.

4. Learned counsel for the applicant submits that applicant has since surrendered before the Court and the order pertaining to surrender is placed on record. He also submits that due to present Covid Pandemic situation, trials are stalled before the Courts and in all other cases registered against him, he has been granted bail.

5. Per contra, learned Public Prosecutor for the State has opposed the bail application.

6. This case involves cheating by way of posing himself as an agent of ICICI Bank, a telephonic call was made to the customers for investing amounts of money. The investor thereafter deposited Rs.23.00 lacs and thus was duped.

7. Learned counsel for the applicant has submitted that applicant was liable for only Rs.1,49,500/- and the chief kingpin of this nexus was one Pradeep Prasad under whom applicant was operating.

8. Considered.

9. In view of the fact that due to Covid-19 Pandemic, trials are stalled and it is not certain as to how long this situation shall prevail, it would be appropriate to grant bail to the applicant who has already deposited Rs.1,49,500/-. Without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant - Abhishek shall be released on bail subject to his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lac only) with one local surety to the satisfaction of the concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in this behalf by the Court concerned during trial. It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C. It is further stipulated that applicant shall continue to be present before the Court once the trial resumes and he shall not indulge in likewise activities in future and on breach of any of stipulated condition, this order grating bail shall stand cancelled without reference to this Court.

10. A copy of this order be sent to the Court concerned for compliance.

11. M.Cr.C. No.31803/2020 is allowed and stands disposed of.

Certified copy as per rules.