The Single Judge granted bail to the petitioner in a cyber offense case involving IPC and IT Act charges despite the petitioner's absence due to a bar association call-off and the state's failure to appear.
Petitioner released on bail with a direction to provide further conditions to the custody officer.
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BLAPL NO. 5503 OF 2018
None appears on behalf of the State. The record in connection with the case has also not been placed.
The petitioner being in custody in connection with G.R. Case No. 884 of 2018 arising out of Cyber P.S. Case No. 10 of 2018 pending in the court of learned S.D.J.M., Berhampur running for alleged commission of offence under section 354/384/506 of the IPC read with section 66(c)/67 of the I.T. Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.
Perusal of the F.I.R. reveals that the informant having received the message about opening of fake Facebook I.D. in her name found the fact to be true and suspected the petitioner to be the master mind, who on being contacted also told to have known about it and stated to have been so opened by one of his close friends. The allegation against the petitioner is that he demanded money and threatened that in case non-payment of the same, more and more such objectionable photographs would be uploaded in the said Facebook I.D. It is seen from the order dated 01.08.2018 passed by the learned Sessions Judge, Ganjam-Berhampur in B.A. No. 410 of 2018 that the petitioner and informant were having friendship since their schooling days. It has been reflected therein that there has already seizure of electronic device and detection of the I.P. address in course of investigation. The case having been registered on 04.07.2018; the petitioner has
failed in his move before the learned Sessions Judge on 01.08.2018 for being released on bail and is in custody.
For all the aforesaid, further keeping in view the period of detention of the petitioner in custody and substantial progress of investigation, in view of lapse of time in between, as well as other surrounding circumstances; it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court is seisin of the case with further conditions that he will not indulge in any criminal activity. This order be communicated immediately to the person concerned.
The BLAPL is accordingly disposed. Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
Narayan
2 issues framed by the court
Whether the petitioner is entitled to release on bail despite filing failure before the lower court.
What terms and conditions should be imposed on the petitioner during bail.
3 provisions across 3 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
