Govindram v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 81 of 2016 Govindram, son of Badri Ram Sahu, aged about 43 years, Resident of Village Khira, Thana Kurud, Tehsil Kurud, Civil and Revenue District Dhamtari (C.G) ... Applicant Vs.

State of Chhattisgarh, through Station House Officer, P.S. Kurud, Civil and Revenue District Dhamtari (C.G).

...

Respondent For the applicant :

Mr. Sunil Verma, Advocate.

For the Respondent :

Mr. Anil S. pandey, Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 20.01.2016

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 379 of 2015 registered at Police Station Kurud, Distt. Dhamtari (C.G) for the offences punishable under sections 507, 509(B) of IPC & Section 67(A) of I.T. Act.

2. As per the prosecution case, the applicant used to send vulgar messages from his mobile bearing No.7067253208 to the complainant Smt. Madhuri Sahu and the said messages were so obscene. On enquiry being made, it was found the complainant was being abused and threats were extended to her.

3. Learned counsel for the applicant submits that the alleged mobile from which the messages have been sent do not belong to the applicant and he has been falsely implicated in this case. He further submits that charge sheet in this case has been filed and the applicant is in jail since 03.10.2015, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the prayer for grant

of bail.

5. Taking into fact that all the documents as also the concerned SIM card have been seized and considering the fact that the charge sheet in this case has been filed; the applicant is in jail since 03.10.2015 and the offences are triable by the JMFC, I am inclined to release the applicant on bail.

6. Accordingly, this bail petition is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He shall appear before the trial Court as and when directed by the said Court.

7. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao