Ankit Verma v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2748 of 2020 • Ankit Verma S/o Ravindra Kumar Verma Aged About 20 Years R/o Quarter-5/b, Street 62, Sector 6, Bhilai Nagar, Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through District Magistrate, District- Durg., District : Durg, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant :
Shri B.P. Singh, Advocate For Respondent/State :
Shri Devesh Verma. G.A.
-------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 29.5.2020 1.
The default pointed out by the Registry is overruled. 2.
Heard.
3.
Admit.
4.
This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.175/2020, registered at Police Station Bhilai Nagar, District Durg(CG) for the offence punishable under Section 67 B of the I.T. Act. 5.
As per the case of prosecution, the applicant has uploaded an obscene video on social media on 5.5.2019 of a woman and children at BSP ground behind the Kalyan College, Bhilai. 6.
Learned counsel for the applicant submits the applicant is innocent and he has not committed any offence. He submits
that there is no evidence against the applicant and he a student of Polytechnic College and the offence is triable by Magistrate. He further submits that the applicant is in jail since 30.4.2020 and trial may take some time for its final disposal therefore, the applicant may be released on bail. 7.
On the other hand, learned counsel for the State opposes the bail application.
8.
Perused the entire material available on record. 9.
Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the offence is triable by Magistrate and yet charge sheet has not been filed and further considering that trial may take some for its final disposal, I am of the opinion that present is a fit case to release the applicant on bail.
10.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.
11.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.
12.
It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.3.2020 in the matter of In Re : Contagion of COVID 19
Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks from today. 13.
Certified copy as per rules.
Sd/ (Rajani Dubey) JUDGE sunita