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High Court Of ChhattisgarhMCRC/2864/2021allowed

Jaggannat Suman v. State Of Chhattisgarh

2021-05-31Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2864 of 2021 • Jaggannath Suman S/o Late Totaram Suman Aged About 36 Years R/o Ward No. 26, Bhawanipura Road Wali Gali, Bhind Madhya Pradesh. 477001.

---- Applicant

Versus

• State of Chhattisgarh Through Police Station Maudahapara Raipur Chhattisgarh.

---- Respondent For Applicant :

Mr. J.K. Gupta, Advocate.

For Respondent :

Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 31.05.2021 • Proceeding through video conferencing.

• Heard.

• Admit.

• The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 112/2020 registered at Police Station - Maudahapara, District Raipur (C.G.) for the offence punishable under Section 67(A) of IT Act.

• The allegation against the applicant, as per the prosecution case, is that he posted obscene contents in the social media repeatedly. Based on that, after investigation, offence has been registered against him and he has been arrested. • Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the case. He further submits that the offence is triable by Judicial Magistrate First Class and there is no criminal antecedent registered against the applicant. Learned counsel for the applicant further contended that he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail. • Per contra, learned state counsel opposes the bail application.

• I have heard learned counsel for the parties and perused the case diary.

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Vacation Judge V/-