- (1.)The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 15.03.2020 by Police Station Cyber Cell, District Gwalior, in connection with Crime No.338/2020, registered for offence under Sections 67 , 67-A of IT Act.
(2.)It is the submission of learned counsel for the applicant that applicant is suffering confinement since 15.03.2020 and by now even he is entitled for benefit of default bail as per Section 167(2) of Cr.P.C. because charge-sheet has not been filed yet. Even otherwise, he suffered more than three and half months of incarceration. Confinement amounts to pretrial detention. He learnt the lesson hard way and would mend his ways and would not commit the same nature of offence in future and would try to become a better citizen. He undertakes to cooperate in trial/investigation and would not be a source of embarrassment or harassment to the complainant party in any manner and would desist himself from all platforms of social media like WhatsApp, Facebook etc. to purge his misdeeds if any. He further undertakes to perform community service and to serve the national cause by making contribution in Army Central Welfare Fund and to install Arogya Setu App. Under these grounds, prayer for bail has been made.
(3.)Learned PL for the State opposed the prayer and prayed for its dismissal.