Chandrahas Singh Chhatri v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4367 of 2018 • Chandrahas Singh Chhatri S/o Rajaram Chhatri Aged About 30 Years R/o- Village Sipat, Ward No. 18, P.S. Sarkanda, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- P.S. Mungeli, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh ---- Respondent - __________________________________________________________ For Applicant :

Mr. Arun Kochar, Advocate.

For Respondent :

Mr. Ashok Swarnkar, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 11/07/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.261/2018 registered at Police Station- Mungeli, District - Mungeli(C.G.) for the offence punishable under Sections 354, 506, 509 & 509(B) of the Indian Penal Code and 66(d) of the I.T. Act.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. The FIR lodged is delayed. Applicant is in jail since 8.6.2018. No case is made out against this applicant. Hence, it is prayed that he may be released on regular bail.

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3. Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that the victim in this case has made direct and serious allegation against the applicant. Hence, he is not entitled for grant of regular bail.

4. Heard both the parties and perused the case diary.

5. The allegation against this applicant is this, that he used to blackmail the victim in this case and had obtained some photographs which he misused by posting in the social media 'Instagram' with comments like "I Love You" and also used to harass the victim on various pretext. It is alleged that on 31.5.2018, the applicant caught hold of the prosecutrix and by using force had outraged her modesty. He has also threatened, that he will make the photo public and upload her photographs on the Internet media. Hence, this case.

6. Considered on the material present in the case diary, the case is triable by Judicial Magistrate First Class and the trial is likely to take come time before its conclusion, for this reason, I am of this view that this is a fit case where the applicant should be benefited with grant of bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha