Usman v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5171 of 2019 Usman S/o Mohammadin Aged About 35 Years R/o Mitgayi, Police Station - Ramanujganj District - Balrampur - Ramanujganj Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station - Ramanujganj Chhattisgarh.

---- Respondent For the Applicant :

Shri Kishore Narayan, Advocate.

For the Respondent/State :

Shri C.B. Kesharwani, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

06.09.2019 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.133 of 2019, registered at Police Station - Ramanujganj, District - Balrampur-Ramanujganj, Chhattisgarh for the offence punishable under Sections 153 and 295-A of the Indian Penal Code and Section 66A of the Information Technology Act. 2.

Learned counsel for the applicant submits that the applicant is in jail since 22.7.2019 and has been falsely implicated in this case. The applicant has not committed any offence. The investigation is almost complete. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

According to prosecution case, it is alleged that this applicant made a video viral through mobile phone in social media which is alleged that the said video outrages the feelings of members of particular religion. Hence, this case.

6.

Considering the fact that no purpose would be served if the applicant was kept in detention for the whole period of trial, therefore, I feel inclined to grant bail to the applicant in this case.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the 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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi