Mahesh Virani v. State of Rajasthan
In the High Court of Rajasthan
S.B. Cr.M. 2nd B.A. 5209/2010
Before Justice Mahesh Chandra Sharma
Decided on January 11, 2011

Relevancy of the case: Bail application for an offence under Section 67 of the Information Technology Act, 2000.

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67, 77B)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• A second bail application was filed by the accused-petitioner under Section 439 of the Code of Criminal Procedure, 1973.
• A previous bail application filed by him was dismissed with the liberty to move regular bail application before the trial court, immediately after recording the statement of the prosecutrix.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the charge has been framed against the accused-petitioner only for an offence under Section 67 of the Information Technology Act, 2000, which is a bailable offence. The prosecution has not stated anything against the accused-petitioner about the charge of rape. As it is the first offence of the accused, and since the offence is bailable, he should be released on bail.
• The respondent’s counsel opposed the bail application but conceded that he was charged only under Section 67 of the Information Technology Act, 2000.

Opinion of the Bench

• The court was of the view that the petitioner shall be released on bail.

Final Decision

• Application allowed.
• Bail granted subject to certain conditions.

This case summary has been prepared by Shrawani Mohani, an undergraduate student at ILS Law College, Pune, during her internship with The Cyber Blog India in January/February 2021.