Sourabh Jain v. State of M.P.
In the High Court of Madhya Pradesh
MCRC 5784/2011
Before Justice Brij Kishore Dube
Decided on November 23, 2011

Relevancy of the case: Bail application for offences under Sections 65 & 66 of the Information Technology Act, 2000 along with Sections 379 & 420 of the Indian Penal Code, 1860

Statutes & Provisions Involved

• The Information Technology Act, 2000 (Section 65, 66)
• The Indian Penal Code, 1860 (Section 379, 420)

Relevant Facts of the Case

• This is the second bail plea, made on behalf of the applicant, Sourab Jain, under Section 439 of Code of Criminal procedure, 1973. The first application was rejected.
• The applicant is charged for crime number 281/2010 registered at the Police Station at the City of Kotwali, Bhind, on 25/11/2010 for the offences punishable under Sections 379 & 420 of the Indian Penal Code, 1860 and Sections 65 & 66 of the Information Technology Act, 2000, and he is in judicial detention since then.
• In brief, the case is that the applicant and his associates hacked the computer system, and prepared e-tickets dishonestly and charged them from the complainant’s bank account, Raghuraj Singh, thereby initiating a theft of ₹ 90,876 from his bank account.

Prominent Arguments by the Advocates

The applicant’s counsel:

• The applicant is innocent and that he was wrongly implicated in this case. All suspected offences are subject to trial by First Class Judicial Magistrate. It is also submitted that Sections 65/66 of the Information Technology Act, 2000 allows for up to three years’ imprisonment. As of November 25, 2010, the applicant is in detention. No other criminal case was registered against the claimant, except in the present case. On these grounds, the learned counsel prays for grant bail.

Opinion of the Bench

• The bench was of the opinion that the application filed by the applicant must be allowed considering the circumstances of the case.

Final Decision

• The application was allowed without commenting on the merits.

This case summary has been prepared by Akshara Kamath, an undergraduate student at Symbiosis Law School, Hyderabad, during her internship with The Cyber Blog India in June/July 2020.