High Court Of ChhattisgarhMCRC/7058/2021allowed

Kamlesh Gupta v. State Of Chhattisgarh

2021-10-26Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7058 of 2021 • Kamlesh Gupta S/o Shri Chhotelal Gupta Aged About 21 Years R/o Village Karsua Lal, Police Station Manda, District Singrouli, (M.P.) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Lakhanpur, District Ambikapur, (C.G.) ---- Respondent For Applciant : Shri Keshav Prasad Gupta, Advocate For Respondent/State : Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 26/10/2021 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 122/2021 registered at police station Lakhanpur, district Ambikapur (CG) for the offence punishable under Sections 354,365,386 and 509 (B) IPC and Section 66 (C) of the Information Technology Act.

As per prosecution case, report was lodged by the complainant alleging that the applicant was fraudulently or dishonestly make use of her video recording and trying to extort her by putting in fear of death or of grievous hurt.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that the applicant and the prosecutrix are relatives and she is a married lady. He submits that the applicant is in jail since 17.08.2021 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna