Anup Kumar Raikwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1510 of 2018 Anup Kumar Raikwar S/o Makhan Lal, Aged About 28 Years Caste- Kahar, R/o- Shastri Nagar, Atarra, P.S.- Atarra, District- Banda (U.P.) ---- Applicant

Versus

State Of Chhattisgarh, Through- Station House Officer, Police StationDallirajhara, District- Balod, Chhattisgarh. ----Non-applicant For Applicant :

Mr. Rahul K. Mishra, Advocate For State :

Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 23/02/2018

1. Present is a repeat bail application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 171/2017 registered at Police Station Dallirajhara, District Balod, Chhattisgarh for the offence punishable under Sections 66(C), 67(A) of Information Technology Act.

2. The earlier bail application stood dismissed as withdrawn with liberty to revive after the complainant is examined vide order dated 02.01.2018.

3. Counsel for the applicant submits that now the complainant has been examined as PW/1 and the present applicant also has remained in custody since 08.08.2017 i.e. for a period of about six months and therefore considering the period of custody and nature of offence, the applicant may be released on bail.

4. The State counsel however opposes the bail application on the ground that there are positive statements made by the complainant in her deposition.

5. Considering the total facts and circumstances of the case, particularly taking note of the statements of the complainant, this Court is of the opinion, not a fit case for grant of bail at this juncture. Accordingly the same stands rejected.

Sd/- (P. Sam Koshy) Judge Ved