IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA ON THE 11^th OF MAY, 2022 MISC. CRIMINAL CASE No. 19340 of 2022 Between:-

SHUBHOJIT PATRA S/O BAARUN PATRA , AGED ABOUT 26 YEARS, OCCUPATION: SERVICE BARASAT NUTAN PARA (WEST BENGAL)

.....PETITIONER (BY MS SONALI GUPTA, ADVOCATE )

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION CYBER CELL, INDORE (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SANJAY KARANJAWALA, GA )

SHRI L.K BHATNAGAR, ADVOCATE FOR THE COMPLAINANT This application coming on for admission this day, the court passed the following:

ORDER

This is second application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.105/2021 registered at Police Station- Cyber Cell, District-Indore (MP) for offence punishable under Sections 294, 419, 420 and 120-B oF IPC and sections 66(c) and 66(d) of I.T. Act. The applicant is in custody since 23/08/2021 As per prosecution story, complainant Dr. Jitendra Bhatnagar received a massage on his mobile number regarding block of his SBI accoun and for re-starting it and for KYC, he is required to contact on mobile number i.e. 7384375097. On being contacted on the said mobile number, the present applicant gave hime some instructions and fradulently withdrew amount of Rs. 7,40,000/- from the bank account of the complainant. A report of the said incident was lodged by the complanannt, at police station- Cyber Cell, Indore. .During investigation, it was found that amount of Rs. 4,65,000/- had been transferred in the account of present applicant Shubhojit Patra. Accordingly, the aforesaid offences were registered and the present applicant was arrested.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this offence. Investigation is almost compete. He is in custody since 23/08/2021.Learned counsel further contended that demand draft of Rs. 7,44,000/- has been handed over to the complainant Dr. Jitendra Bhatnagar, who is also present in person before this Court and he has accepted the said demand draft Final conclusion of trial will take sufficient long time. Under these circumstances, learned counsel prays that the present applicant be released on bail.

Per-contra, learned PL for the respondent/State opposes the bail application and prays for its rejection , however, he fairly admits that no criminal antecedent has been found against the applicant.

Compainant Dr. Jitendra Bhatnagar who is present in person before this Court admits that the present applicant has handed over the demand draft amounting to Rs. 7,44,000/- to him today.

Perused the case diary as well as the impugned order of the trial Court.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the applicant has paid Rs. 7,44,000/- to the complainant; the applicant is in custody since 30/08/2021; the investigation is almost complete, therefore, no further custodial interrogation is required; final conclusion of trial will take long sufficient time, I deem it proper to release the applicant on bail Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. On Lac) with two sureties ( out of which, one local surety) in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. This order shall be effective ti