Vijendra Singh Sisodiya v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6290 of 2021 1.
Vijendra Singh Sisodiya S/o Shri Nirbhay Singh Sisodiya, Aged About 23 Years, R/o Dingrodha, Police Station Maksi, District Dewas Temporary R/o Padmanabhpur, Durg Tahsil Durg (C.G). ---- Applicant
Versus
1.
State Of Chhattisgarh, Through Station House Officer, Durg, District Durg (C.G.).
---- Non-Applicant For Applicant : Mr. Dhiraj Kumar Wankhede, Advocate.
For Non-Applicant/State : Mr. Rahim Ubwani, Panel Lawyer.
Hon'ble Shri Justice Gautam Chourdiya Order on Board 27/09/2021 1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 22/06/2021 in connection with Crime No. 518/2021 registered at Police Station Durg, District Durg (C.G.) for the offence punishable under Sections 67 & 67A of Information Technology Act, 2000. 2) As per the prosecution case, some obscene material including the child obscene photographs were seized from the Mobile of the applicant which were being shared by him to Mobile on the social media. On report being lodged to the above effect, the aforesaid offences has been registered against the present applicant. 3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question.
He further submits that charge sheet has already been filed, the applicant has been arrested on 22/06/2021. He submits that the applicant has no criminal antecedents and there is no apprehension of the applicant tampering with the evidence or absconding and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail.
application. However, he submits that the applicant has no criminal antecedents.
5) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the nature of allegation against the present applicant, the detention period of the applicant who is 23 years old, charge sheet has already been filed, the fact that the applicant has no criminal antecedents and there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel, and that conclusion of trial may take some time, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the 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, 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 Govt./State Govt./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 Chandrakant