High Court Of ChhattisgarhMCRC/3369/2020allowed

Paras Mani Mishra v. State Of Chhattisgarh

2020-08-10Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3369 of 2020 • Paras Mani Mishra S/o Shri Ramsuphal Sharma, aged about 30 years, R/o House no. 32, Gram Baijala, Post Purava, Tahsil Mauganj Purwa, District-Rewa, Madhya pradesh. ---- Applicant

Versus

• State Of Chhattisgarh, Through - Police Station-Kotwali, DistrictKorba, Chhattisgarh. ---- Respondent For Applicant :

Mr. Anshul Tiwari, Adv.

For Respondent/State :

Mr. K. K. Singh, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 10/08/2020

1. Heard on admission.

2. Admit.

3. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 394/2020 registered at Police Station Kotwali, District-Korba (C.G.) for the offence punishable under Sections 153(A), 290, 292, 509 of the IPC and 67 of of IT Act.

4. The prosecution story in brief is that, the applicant has made an obscene and vulgar comment against the women's of Chhattisgarh on the Facebook (social networking portal). Based on this, offence has been registered against the present applicant.

5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 28.04.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

6. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicant

is of serious in nature; therefore, no case is made out for grant of bail.

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

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is in jail since 28.04.2020, and 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.

9. 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 trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu