IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV ON THE 2^nd OF SEPTEMBER, 2022 MISC. CRIMINAL CASE No. 39451 of 2022 Between:-

ASHISH RENIYAR S/O RAJKUMAR RENIYAR, AGED ABOUT 20 YEARS, OCCUPATION:

STUDENT VILLAGE MAUAVA ADDA P.S. NOTNAVA DIS. MAHARJAGANJ U.P. AT PRESENT PRAKASH RENIYAR BEHIND POST OFFICE DADIBADI (UTTAR PRADESH)

.....APPLICANT (BY MR. PALLAV TRIPATHI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THR. INCHARGE POLICE STATION POLICE STATION CYBER CELL (MADHYA PRADESH)

.....RESPONDENT (BY MR. NITIN GOYAL - PANEL LAWYER)

This application coming on for hearing this day, the court passed the following:

ORDER

I.A. No. 13865/2022, an application for taking additional facts and documents on record is taken up, considered and allowed for the reasons mentioned therein.

The additional documents filed by learned counsel for the applicant are taken on record.

The applicant has filed this Second application u/S.439 of Cr.P.C. for grant of bail. The first bail application was dismissed as withdrawn vide order dated 11.07.2022 passed in M.Cr.C.No. 32792/2022.

Signature Not Verified Signed by: BARKHA The applicant has been arrested on 04.06.2022 by police station Cyber Cell, District Gwalior (M.P.) in Connection with Crime No.36/2022 registered for the offence punishable under Sections 420 of IPC and Section 66(C) of IT Act.

The allegation against the present applicant is that he cheated the complainant alongwith other persons after getting the data by using Kiosk I.D.

Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. It is further argued that the complainant alongwith other affected persons have settled the dispute with the applicant. In support of his submission, counsel for the applicant drew the attention of this Court towards the applications u/S.320(1) and 320(2) Cr.P.C. filed by the rival parties which is supported by affidavits of complainants stating therein that the parties have entered into compromise with no intention to pursue the matter further. According to the facts mentioned in the documents, complainant alongwith other affected persons have settled the dispute with the applicant/accused. In their statements, they have stated that they had already received the amount which was allegedly withdrawn from their accounts. The applicant is in custody since 04.06.2022. Investigation in the matter is over by filing of charge- sheet, therefore, further custodial interrogation is no more required. It is further argued that the co-accused namely Ashok Baghel has already been granted bail by this Court vide order dated 28/07/2022 passed in M.Cr.C. No.33977/2022 and the case of present applicant is similar to co-accused. Hence, seeks parity and prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application and prays for its dismissal.

Heard learned counsel for the rival parties and perused the case diary Signature Not Verified Signed by: BARKHA available on record.

Considering the custody period of the applicant as well as the fact that the applicant and other affected persons have settled their dispute amicably and coupled with the fact that the investigation in the matter has been completed by filing of charge-sheet, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant will not indulge himself in extending inducement, threat or promise t