Bhaskar Sharma Alias Hunny vs The State Of Madhya Pradesh
2022 Latest Caselaw 165 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.60085/2021 Bhaskar Sharma alias Hunny v. State of M.P.

Gwalior, Dated: 04.01.2022

Shri A.K. Jain, Counsel for the applicant.

Shri R.K. Awasthy, Counsel for the State.

Case diary is available.

This fifth application under Section 439 of Cr.P.C. has been

filed for grant of bail. Previous application was dismissed by order

dated 28.10.2021 passed in M.Cr.C. No. 53029/2021.

The applicant has been arrested on 14.10.2020 in connection

with Crime No.126/2020 registered at Police Station Amayan Distt.

Bhind for offence under Sections 420, 364 of IPC and under Sections

66 (kha), 66-C, 66-D of IT Act.

It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant created a fake Facebook

account in the name of a fake lady and entered into relationship with

the complainant. After some time, the applicant in the name of fake

lady, demanded naked photo which was sent by the complainant, and

thereafter the applicant started blackmailing him and collected

Rs. 1,50,000/-. It is submitted that the matter has been compromised

and for some offences the applicant has already been discharged. He

is in jail from 14.10.2020 although, he was released on temporary

parole for a period of three months in the wake of second wave of

Covid-19 pandemic. The trial is likely to take sufficiently long time

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.60085/2021 Bhaskar Sharma alias Hunny v. State of M.P.

and there is no possibility of his absconding or tampering with the

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. However, he fairly conceded that from the

order-sheet dated 30.10.2021, it appears that some of the offences

have been compounded.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It is

directed that the applicant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with

one surety in the like amount to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge ar ABDUR RAHMAN 2022.01.04 17:17:09 +05'30'