Balendu Singh v. State of M.P.
In the High Court of Madhya Pradesh
MCRC 6368/2011
Before Justice Brij Kishore Dube
Decided on November 23, 2011

Relevancy of the case: Bail application in a case involving Sections 65 & 66 of the Information Technology Act, 2000 and Sections 379 & 420 of the Indian Penal Code, 1860

Statutes & Provisions Involved

• The Indian Penal Code, 1860 (Section 379, 420)
• The Information Technology Act, 2000 (Section 65, 66)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The applicant along with his associates hacked the computer network.
• He dishonestly prepared e-tickets and payment thereof made from the bank account of the complainant.
• A theft of ₹90,876/- from the bank account belonging to the complainant was committed.

Prominent Arguments by the Advocates

The applicant’s counsel:

• The applicant is innocent and has been falsely implicated in this crime. All the alleged offences were triable by Judicial Magistrate First Class. Moreover, Sections 65/66 of the Information Technology Act, 2000 provides the punishment of imprisonment for up to three years. The applicant is in custody since 25/11/2010. No other criminal case except the present case has been registered against the applicant. On these grounds, learned counsel prayed for a grant of bail.

Opinion of the Bench

• Considering the facts and circumstances of the case and submissions of the counsels for the parties, without commenting on the merits of the case, the court is of the view that the application deserves to be allowed.

Final Decision

• The applicant’s application filed under Section 439 of the Code of Criminal Procedure, 1973 stands allowed.
• It was directed that the applicant shall be released on bail on furnishing a personal bond of Rs. 30,000/- (with one solvent surety in the like amount to the satisfaction of the trial court).

This case summary has been prepared by Mansi Vats, an undergraduate student at UPES School of Law, Dehradun, during her internship with The Cyber Blog India in June/July 2020.