Manas Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.212 of 2019 Manas Sidar, S/o Bhaiyalal Sidar, aged about 18 years, R/o Deepka Colony, House No.M.D. 852 Tahsil Katghora, District Korba (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Deepika, District Korba (CG). ---- Non-applicant For Applicant : Mr. Shubham Tripathi, Advocate.

For Non-applicant : Mr. M. Asha, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 30.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no bail application is pending before any other Court.

2.

The applicant has been arrested in connection with Crime No.306/2018 registered in Police Station Deepika, District Korba for the offence punishable under Sections 376, 376(D), 506(B), 120-B of IPC, Sections 4, 6 of the Protection of Children from Sexual Offences Act and Section 67(A)(B) of Information Technology Act.

3.

Prosecution story in brief is that the prosecutrix was aged about 13 years old. She is a resident of Korba. The applicant downloaded the obscene video of prosecutrix from face book of some person and, thereafter, he exposed the video through the whatsapp in the public. 4.

Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case hence he may be released on bail.

5.

Counsel for the State opposed the prayer for grant of bail to the applicant however he submitted that there is no criminal antecedent is reported against the applicant.

6.

Looking to these facts and circumstances of the case, looking to the amount of consideration, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence; and the trial is likely to take some more time for its final disposal, this Court is inclined to give benefits of Section 439 of the CrPC to the applicant. Accordingly, the bail application is allowed.

7.

It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond in the sum of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that he shall appear before the Trial Court at 11:00 am as and when directed till trial and he would co-operate during the trial, he shall be released on bail and he shall not commit any such type of offence in future.

8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-