Yashwant Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1302 of 2021 Yashwant Sahu, S/o Atmaram Sahu, Aged About 22 Years, R/o Amlipara Khairagarh, Tehsil- Khairagarh, District- Rajnandgaon (C.G.) --- Applicant

Versus

State of Chhattisgarh, through: The District Magistrate Rajnandgaon, District- Rajnandgaon (C.G.) --- Respondent ________________________________________________________ For Applicant :

Mr. Rakesh Pandey, Advocate.

For State/ Respondent :

Mr. B.P. Banjare, Dy. Govt. Advocate.

________________________________________________________ Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 17/05 /2021 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 17/2021, registered at Police Station- Khairagarh, DistrictRajnandgaon (C.G.) for the offence punishable under Section 67B of the Information Technology Act, 2000.

2.

Case of the prosecution in short is that the applicant uploaded some porn video by his mobile No. 7024746852 and committed offence under Section 67B of the Information Technology Act, 2000.

3.

Learned counsel for the applicant submits that the applicant is in jail since 29.01.2021 and has been falsely implicated in this

case. No case is made out against this applicant, hence, it is prayed that this applicant may be enlarged on bail. 4.

On the other hand, learned counsel for the State opposes the bail application submitting that there is clear allegation against this applicant regarding commission of offence. Hence, the application for grant of bail may be rejected. 5.

Heard learned counsel for both the parties.

6.

Considered the submissions and the fact that the charge-sheet has already been filed. The case is pending for trial, conclusion of trial may take some time and without further commenting on merits of the case, I am of the opinion that it is a fit case to grant bail to the applicant.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs. 50,000/- with two solvent sureties for the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial.

Certified copy, as per rules.

Sd/- (Narendra Kumar Vyas) Vacation Judge Arun