Mordhwaj Sahu @ Bittu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) MCRC No. 4118 of 2021 • Mordhwaj Sahu @ Bittu, S/o Kaushal Prasad, Aged About 21 Years, R/o Village Madiyapar, Post Hirri, Police Station Bori, Tehsil Bori, District- Durg, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh, Through- Station House Officer, Police Station Utai, District- Durg, Chhattisgarh. ---- Non-Applicant For Applicant : Mr. Prasoon Agrawal, Advocate For Non-Applicant/State : Dr. (Ms.) Veena Nair, Dy.A.G. Hon'ble Justice Shri Gautam Chourdiya Order on Board 25.06.2021

1) Heard on admission.

2) The application is admitted for hearing.

3) With the consent of the parties, the matter is heard finally.

4) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 26.05.2021 in connection with Crime No. 131/2021 registered at Police Station District-Durg (C.G.) for the offence punishable under Section 509 ([k) of I.P.C.

5) Case of the prosecution, in brief, is that the present applicant sent obscene messages and filthy words in the mobile number of the complainant's mother with intent to insult, harass or cause annoyance or mental agony to her.

6) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, he further

submits that the applicant is young offender and he has no criminal antecedents, charge-sheet has already been filed, maximum sentence awarded for the aforesaid offence is 2 years. It is further submitted that there was love between the applicant and complainant, there is no likelihood of the applicant tampering with the prosecution evidence or absconding the applicant has been arrested on 26.05.2021 and due to Covid-19 pandemic trial is likely to take some time for its final disposal, therefore, the applicant be released on bail by this Court.

7) On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicant has no criminal antecedents.

8) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, nature of allegation, charge-sheet has already been filed the detention period of the applicant, who is 21 years old, the fact that the maximum punishment for the aforesaid offence is two years, the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels and due to Covid-19 pandemic conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.

9) It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and

(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, (iv) he shall strictly follow the COVID-19 protocol issued by the Central Government/State Government/Local Authority, (v) he shall not involve himself in any offence of similar nature in future.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.

Sd/- (Gautam Chourdiya) Judge Nadim