High Court Of ChhattisgarhMCRC/6289/2018allowed

Mohan Singh Rajput v. State Of Chhattisgarh

2018-09-28Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6289 of 2018 • Mohan Singh Rajput S/o Shri Hari Singh Rajput Aged About 25 Years R/o- Village Kargikhurd, Police Station Kota, DistrictBilaspur, Chhattisgarh, Presently Residing At Bhaiyathan Road, Surajpur, Police Station And Tahsil Surajpur, District- Surajpur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Of Police Station- Surajpur, District- Surajpur, Chhattisgarh. ---- Respondent For Applicant : Shri Anil Gulati, Advocate.

For Respondent/State : Shri Vaibhav Goverdhan, Panel Lawyer. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 28/09/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 68/2018, registered at Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Sections 509 (B) of the IPC and Section 67 of Information Technology Act.

2. As per the prosecution story, on 18.02.2018, complainant Satyaram Suryavanshi lodged a report, wherein, it was alleged that some unknown person made three forged Facebook profile of his daughter by the different names and uploaded objectionable photos and comments on said profiles. On the basis of said report, offence has been registered. During course

of investigation, it was found that the above act has been done by the Applicant and he has been arrested on 01-06-2018.

3. Learned counsel appearing on behalf of the Applicant submits that the applicant is innocent and has been falsely implicated in the present case, he further submits that the applicant is in custody since 01-06-2018, charge-sheet has already been filed and trial will take some time. Therefore, applicant may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties and perused the case diary with due care.

6. Considering the fact and circumstances of the case, evidence collected by the prosecution and further considering the fact that the applicant is in custody since 01-06-2018, charge-sheet has already been filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the trial court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Shubham Judge