Alok Verma, v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1138 of 2021 • Alok Verma, S/o Mulchand Verma, aged about 18 Years, Permanent Address - Bhedubhar, Ilaspur, Police Station - Mataira, District - Bahagaich (U.P.), At Present In Front of Chhattisgarh College, Near Manisha Menshan, Raipur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through - Station House Officer, Police Station - City Kotwali, Raipur, District - Raipur, Chhattisgarh. ---- Non-Applicant __________________________________________________________________ For Applicant : Shri Anish Tiwari, Advocate.

For State : Shri Dinesh Tiwari, Dy. G.A.

Hon'ble Shri Justice Gautam Chourdiya Order On Board 06/04/2021

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he has been arrested in connection with crime No.295/2020, registered at Police Station City Kotwali, Raipur, District - Raipur, (C.G.) for the offence punishable under Sections 67 and 67-A of the Information Technology Act.

2. Brief fact of the case is that Applicant has shared obscene photographs of child and women in social media through mobile no. 919839657199.

3. Learned Counsel for the Applicant submits that the applicant is innocent and falsely implicated in the case. He further submits that Applicant is aged about 18 years, he has no criminal antecedents, he

is languishing in the jail since 20/11/2020, charge-sheet has been filed, offence is triable by J.M.F.C. and conclusion of trial is likely to take some time. Therefore, applicant be released on bail.

4. On the other hand, learned Counsel for the State opposes the bail application.

5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the fact that Applicant is aged about 18 years, he has no criminal antecedents, charge-sheet has been filed, offence is triable by J.M.F.C. and there is no likelihood of the Applicant tampering with the evidence or absconding as admitted by both the Counsel and conclusion of trial may take some time, the application is allowed. It is directed that in the event of Applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:

(I) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

(iv) he shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stands cancelled without further reference to the Bench.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future. Sd/- (Gautam Chourdiya) Judge Prakash