Ku. Manisha Khatri v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 225 of 2021 Ku. Manisha Khatri, D/o Shri Krishna Khatri, Aged about - 23 years, R/o- Ward No.5 Thakurpara, Khairagarh, Police Station and Tahsil Khairagarh, District- Rajnandgaon (C.G.) ----- Applicant

Versus

State of Chhattisgarh, Through- The District Magistrate, DistrictRajnandgaon (C.G.) ----- Respondent -------------------------------------------------------------------------------------------- For Applicant :

Mr. Rakesh Pandey, Adv.

For Respondent/State :

Mr. Devesh Verma, GA along with Mr.

Vikram Sharma, Dy.G.A.

-------------------------------------------------------------------------------------------- Hon'ble Smt. Justice Rajani Dubey Order on Board By Virtual Hearing 27/04/2021 This is an application filed by the applicant under Section 438 Cr.P.C. for grant of anticipatory bail as she is apprehending her arrest in connection with Crime No. 38/2021 registered at Police Station - Khairagarh, District- Rajnandgaon (C.G.) for the offence punishable under Sections 67 B of the Information Technology Act. As per prosecution case, on 31.12.2020, National Crime Record Bureau has sent information to the police station at Rajnandgaon informing that the applicant was involved in transmitting porn videos of children in the social media (through cyber portal). Contention of the counsel for the applicant is that the applicant is innocent and she has been falsely implicated in the case. He submits that the mobile is in the name of the mother of the applicant and that

she is aged about 23 years old. He further submits that marriage of the applicant is going to be solemnized on 30.04.2021, therefore she may be granted anticipatory bail.

On the other hand, counsel for the State opposes the bail application.

After hearing counsel for the parties and considering the facts and circumstances of the case, in particular the nature of offence and further that her marriage is going to be solemnized on 30.04.2021, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant.

Accordingly, the application filed under Section 438 Cr.P.C. is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, she shall be released on bail on her furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned arresting/investigating officer or the Court concerned, as the case may be, with the following terms and conditions:

i) that the applicant shall make herself available for interrogation before the concerned investigating officer as and when required. ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case as to dissuade him/her from disclosing such facts to the Court or to any police officer.

iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and

iv) that the applicant shall appear before the trial court on each and every date given to her by the said Court till disposal of the trial. Certified copy today.

Sd/-- (Rajani Dubey) judge suguna