Ashish Chaturvedi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 155 of 2016 Ashish Chaturvedi S/o. Kunjbihari Chaturvedi, Aged About 29 Years, Occupation Teacher, R/o Bhatnagar Colony, Tikamgarh, Police Station City Kotwali, Tikamgarh, District Tikamgarh, Madhya Pradesh ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Tarbahar, District Bilapsur, Chhattisgarh.

---- Respondent 01.03.2016 Mr. Kishore Narayan, Advocate for the Applicant. Ms. Sunita Jain, Panel Lawyer for the State.

Apprehending arrest in connection with the Crime No. 38/2016, registered at Police Station Tarbahar, District Bilaspur (C.G.) for the offence punishable under sections 507 of IPC, 66 and 67 of Information Technology Act, 2000. The applicant has filed this application under Section 438 of Cr.P.C. for grant of anticipatory bail. Perusal of the case diary would show that the offence has been registered under section 507 of Indian Penal Code and section 66, 67 of Information Technology Act, 2000.

The offence punishable under section 507 of IPC, the maximum punishment is prescribed for two years and the offence punishable under section 66, 67 of Information Technology Act 2000, the maximum punishment is prescribed for three years.

Since all the offences punishable under section 66, 67 of Information Technology Act, 2000 being the first offence are bailable offence along with offence of IPC under section 507 of IPC. Consequently, the application for grant of anticipatory bail filed under section 438 of Cr.P.C. is dismissed as not maintainable.

Sd/- (Goutam Bhaduri) Judge k santosh