Rajesh Hari Prasad Tripathi v. State of Gujarat
In the Gujarat High Court
Criminal Misc. Application No. 10858 of 2014
Before Justice C.L. Soni
Decided on August 22, 2014
Relevancy of the case: Whether the court shall exercise its discretion u/s 439 CrPC in accepting successive bail application for an offence under the IT Act, 2000?
Statutes & Provisions Involved
• The Information Technology Act, 2000 (Section 43, 65, 66(c))
• The Indian Penal Code, 1860 (Section 380)
• Code of Criminal Procedure, 1973 (Section 439)
Relevant Facts of the Case
• This is a successive bail application in relation to FIR filed with Varracha Police Station.
Prominent Arguments by the Advocates
• Advocate of the applicant, Mr Ashish Dagli submitted that the court had released the applicant on bail for similar allegations and the court should use its discretion again because the applicant has been in jail for more than 10 months.
• Additional Public Prosecutor Mr Alkesh Shah submitted that the applicant is involved in three more cases; the Court may not use its discretion even though the applicant has passed 10 months in jail.
Opinion of the Bench
• The applicant had been released on bail in a complaint similar to the present one. The coordinate bench of this Court had released him after considering the nature of allegations.
• The applicant had served more than 10 months after arrest and he deserves to be enlarged on bail.
• The application is allowed and the applicant is released on bail on executing a personal bond of Rs. 5000/- and one surety.