Vivek Kumar Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2533 of 2016 Vivek Kumar Singh S/o Anil Singh @ Ramshushil Singh Aged about 26 years, R/o. Manpur, Thana & Tahsil Manpur, District Rajnandgaon (CG) ---Applicant
Versus
State of Chhattisgarh, Through Police Station Manpur, District Rajnandgaon (CG) ---Non-applicant For Applicant :
Mr. Anoop Mazumdar, Advocate For Non-applicant :
Mr. Anil S. Pandey, G.A.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 02/06/2016 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested on 12.3.2016 in connection with Crime No.19/2016, registered at Police Station-Manpur, District-Rajnandgaon (CG), for the offence punishable under Section 295(A) of the IPC and Section 66A of the Information Technology Act, 2000.
2.
Case of the prosecution, in brief, is that the applicant posted obscene material in his facebook account which was circulated amongst the people, which seriously affected the religious feeling. 3.
Learned counsel for the applicant submitted that the prosecution, only on suspicion, has made allegation against the applicant. He has not posted any obscene material and there is no material in the charge-sheet to show that any report has been submitted by the authority of Information Technology that it has originated from facebook account of the applicant and therefore, no offence under Section 66A of the Information Technology Act is made out against the applicant.
4.
On the other hand, learned counsel for the State opposed the bail application and submitted that kind of obscene material which has been posted by the applicant using obscene language against Hindu Gods is a serious kind of offence.
5.
I have heard learned counsel appearing for the parties and perused the case diary.
6.
Taking into consideration the submission of learned counsel appearing for the parties, further taking into consideration that investigation is complete, charge-sheet has been filed, the applicant is in jail since 12.3.2016 and maximum punishment provided for commission of offence under Section 295(A) of the IPC is three years and further that offence under Section 66A of the Information Technology Act, 2000 has already declared unconstitutional by the Supreme Court, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.
7.
Accordingly, bail application filed under Section 439 of the Cr.P.C. is allowed.
8.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with two local sureties in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed, subject to the condition that if there is any allegation on the applicant committing similar offence, the prosecution may apply for cancellation of bail.
Sd/- (Manindra Mohan Shrivastava) VACATION JUDGE B/-