High Court Of ChhattisgarhMCRC/7173/2021allowed

Ajay Kumar Gond v. State Of Chhattisgarh

2021-10-04Hon'Ble The Acting Chief Justice2 pages

MCRC No. 7173 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7173 of 2021 • Ajay Kumar Gond S/o Ramkewal Gond Aged About 22 Years R/o Store Para, Purana Bhilai - 3, P.S. - GRP Bhilai 3, Tah. And District Durg (Chhattisgarh) ----Applicant

Versus

• State Of Chhattisgarh Through - Station House Officer, P.S. Urla, District Raipur (Chhattisgarh) ---- Respondent For Applicant :- Mr. J.K. Gupta, Advocate For Respondent-State :- Mr. Vikram Sharma, Dy.G.A.

Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 04/10/2021

1. Heard.

2. This is a second application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.59/2021, registered at Police Station Urla, District - Raipur C.G. for the offence punishable under Sections 294, 506, 509 of the I.P.C. & Section 67, 67 (A) of the I.T. Act.

3. The first bail application was dismissed with liberty to revive the prayer after examination of the prosecutrix and now she has been examined.

4. Applicant had an affair with the prosecutrix which he wanted

MCRC No. 7173 of 2021 to continue even after her marriage. When the prosecutrix happened to visit her parental village, the applicant pressurized her to maintain relation and on her refusal, the applicant sent her objectionable photographs and videos to her husband and other relatives. Thereafter, on 30.1.2021, he created a fake facebook profile of prosecutrix's sister and thereafter sent objectionable materials involving prosecutrix to her relatives.

5. While examined in Court, the prosecutrix has turned hostile and has denied that applicant has uploaded and circulated her obscene photographs and videos. She also denied that he has created fake facebook ID of her sister.

6. Considering the quality of evidence and also for the fact that applicant is in jail since 23.2.2021 and offences are triable by JMFC, I am inclined to release the applicant on bail.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi