Santosh Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4245 of 2019 • Santosh Dewanan, aged about 40 years, son of Puniram Dewanga, Caste- Kosta, R/o. Village Kot, P.S. Sarsiva, Tahsil Bilaigarh, district Balodabazar- Bhatapara (C.G.) ---- Appellant

Versus

• State of Chhattisgarh, through Station House Officer, Police Station Sarsiva, District Balodabazar - Bhatapara (C.G.) ---- Respondent For Applicant :

Shri Raghvendra Pradhan, Adv.

For Respondent/State :

Shri Aman Kesharwani, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 05.08.2019

1. The accused/applicant has moved this bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 195/2019 registered at Police Station Sarsiva, District Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 4 (A) Gambling Act and Section 83 Juvenile Justice (Care & Protection of Children) Act, 2015.

2. The prosecution story, in brief is that on 12.06.2019, acting on a tip-off that accused/applicant after preparing gambling guessing video, upload it on You-Tube and sell it to subscribers; conducted raid and caught the applicant red handed uploading gambling guessing video in his mobile. Based on this, offence under Section 4(A) of Gambling Act and Section 83 of Juvenile Justice (Care and Protection of

Children) Act, 2015, was registered against the applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. The applicant has no criminal antecedent. The applicant is in jail since 12.06.2019, therefore, the present appellant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicant is in jail since 12.06.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu