Pradeep Agrawal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.282 of 2020 • Pradeep Agrawal, S/o Baijnath Agrawal, Aged About 35 Years, R/o Near Old Nagar Palika, Manendragrh, Police Station - Manendragarh, District - Koria, C.G.

---- Applicant

Versus

• State Of Chhattisgarh, Through Police Station - Manendragarh, District - Korea, C.G.

---- Respondent For Applicant Shri D. K. Gwalre, Advocate For Respondent Shri Alok Bakshi, Addl. AG Proceeding through Video Conferencing Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 18/06/2020 1.

The applicant has preferred this bail application under Section 438 of CrPC, as he is apprehending his arrest in connection with Crime No.13/2020, registered at Police Station Manendragarh, District Korea (C.G.), for the offence punishable under Section 153A & 295A of IPC and Section 66 of the Information Technology (Amendment) Act, 2008.

2.

There are allegations that the applicant sent objectionable material through Whatsapp and being Admin of the group, he did not take proper care to see that objectionable materials are not circulated in the group.

3.

Learned State counsel would oppose the prayer for grant of bail. 4.

Considering the nature of allegation and for the fact that the applicant says that the number from which the objectionable news material was circulated does not belong to him, this Court is inclined to extend benefit of anticipatory bail to the applicant. 5.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Arresting Officer with the following conditions:- (i) he shall make himself available for interrogation by a police officer as and when required.

(ii) 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 facts to the Court or to any police officer.

Sd/- Prashant Kumar Mishra Judge Nirala