Deepak Kumar v. State of M.P.
In the High Court of Madya Pradesh
M.Cr.C. 13755/2014
Before Justice N.K. Gupta
Decided on October 09, 2014

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

Statutes & Provisions Involved

• The Information Technology Act, 2000 (Section 66)
• The Indian Evidence Act, 1872 (Section 27)
• The Code of Criminal Procedure, 1973 (Section 439) 
• The Indian Penal Code, 1860 (Section 34, 420) 

Relevant Facts of the Case

• The applicant is in custody since 14.07.2014 for offences punishable under Sections 420 and 34 of the Indian Penal Code, 1860 and Section 66 of Information Technology Act, 2000.

Prominent Arguments by the Advocates 

• The applicant’s counsel has contended that except the statement of co-accused given under Section 27 of the Evidence Act, there is nothing on record to show that he participated in the crime. It is also not established that the amount withdrawn was deposited in the bank account of the applicant.

Opinion of the Bench 

• Considering the submissions made by the learned counsels, this application may be accepted with tough conditions.

Final Decision

• The trial court is directed to obtain the address and photo identify proofs of the applicant issued by the competent authorities. Bail can be granted by executing a bond of ₹40,000.