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High Court Of ChhattisgarhMCRC/2643/2019allowed

Ashok Ram @ Ashok Ravi v. State Of Chhattisgarh

2019-05-06Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2643 of 2019 Ashok Ram @ Ashok Ravi S/o Jairam Aged About 21 Years R/o Village Rouni, Harijan Toli, Police Station Bagicha, District- Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Police Of Police Station Kotwali, Ambikapur, District- Surguja, Chhattisgarh.

---- Respondent For the Applicant :

Shri Dharmesh Shrivastava, Advocate appearing on behalf of Shri Govind Dewangan, Advocate For the State :

Shri SRJ Jaiswal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /05/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.128/2019 registered at Police Station Kotwali, Ambikapur, District Surguja (C.G.) for the offence punishable under Sections 294, 507, 509 B and 201 of IPC and Section 11 & 12 of POCSO Act and Section 67 of Information Technology Act.

3. Case of the prosecution, in brief is that prosecutrix is 30 years of age. She is resident of Kharsiya Naka Ambikapur. Applicant had made whatsapp group added the mobile number of prosecutrix and sent him some obscene messages and video regarding her minor daughter. He had given threatening to kill her.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the above mentioned facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde