Anticipatory bail granted under Section 438 Cr.P.C. as offences under IT Act are bailable, emphasizing protection of personal liberty.

Order

13/06/2025

1. The jurisdiction of this court has been invoked by way of filing an application under Section 438 Cr.P.C./482 BNSS at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. Having apprehension of being arrested in the afore-

mentioned matter, the petitioner has prayed for anticipatory bail on the ground that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of anticipatory bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor has opposed the bail application and submitted that the present case is not fit for grant of anticipatory bail.

4. I have considered the submissions made by both the parties and have perused the material available on record. As per Section 77-B of the Information Technology Act , offence punishable up to three years are bailable and therefore, any apprehension dehors the statutory provision would certainly cause incalculable harm to the self-esteem and reputation of the accused.

5. Considering the over all facts and circumstances of the case, it is deemed suitable to grant the benefit of anticipatory bail to the petitioners in the present matter.

6. Accordingly, the instant bail application under Section 438 Cr.P.C. is allowed. The S.H.O/I.O/Arresting Officer of the concerned Police Station is directed that in the event of arrest of the petitioner in connection with the FIR, details of which have been given in tabular form above, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:-

(i) that the petitioner shall make himself available for interrogation by a police officer as and when required;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the petitioner shall not leave India without previous permission of the court.

(FARJAND ALI),J