- (1.) Heard learned counsel for the petitioner and the learned Public Prosecutor.
(2.) This second bail application has been filed under Section 439 Cr.P.C. Previously the bail application filed by the accused petitioner was dismissed as withdrawn on 23.10.2009 with the liberty to move regular bail application before the trial court immediately after recording the statement of the prosecutrix. Hence this second bail application has been filed after recording of the statement of prosecutrix. Mr. Amit Jindal, learned counsel appearing for the accused petitioner contended that the charge has been framed against the accused petitioner only for offence under Section 67 of the Information and Technology Act, 2000, which is a bailable offence having sentence of 3 years, Section 67 of the Information Technology Act, reads as under: "67. Punishment for publishing or transmitting obscene material in electronic form- Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprive and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with the fine which may extend to five lakh rupees and in the event of second or subsequent conviction with term which may extend to five years and also with fine which may extend to ten lakh rupees."
(3.) Section 77 B of the IT Act provides that the offences with three years imprisonment is bailable. Section 77 B of the IT Act, 2000 reads as under: "77 B. Offence with three years imprisonment to be bailable (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offence punishable with imprisonment of three years and above shall be cognizable and the offence punishable with o imprisonment of three years shall be bailable.";