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High Court Of ChhattisgarhMCRC/5458/2019allowed

Katada Hussain v. State Of Chhattisgarh

2019-10-04Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5458 of 2019 • Katada Hussain S/o Mahamud Alam, Aged About 18 Years, R/o Village - Kanakpur Police Station Ramanujganj - Balrampur-Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through - The Police Station Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh., District : Balrampur, Chhattisgarh ----Non-applicant For Applicant - Mr. A.N. Pandey, Advocate.

For Non-applicant/State - Ms. Akansha Jain, Deputy Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 04-10-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 22-07-2019 in connection with Crime No.119/2019 registered at P.S.

- Ramanujganj, District BalrampurRamanujganj, Chhattisgarh for the offence under Section 153(A), 295(A) of the IPC and under Section 67 of Information Technology Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 22-07-2019. The applicant has not committed any offence. Therefore, it is prayed that the application may be allowed.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

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

According to the prosecution case, it is alleged that this applicant forwarded a message in social media which has outraged the feeling of members of a particular religion.

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Considering that charge sheet has been filed and the case is pending for trial and similarly placed co-accused has been granted bail, therefore, I feel inclined to allow this application.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil