Sagar Parihar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5749 of 2019 • Sagar Parihar S/o Late Lakhan Parihar Aged About 19 Years R/o Satya Prakash Ashram, Pragati Nagar, Gawalior, Police Station Bahodapur, District Gawalior Madhya Pradesh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Pratappur, District Surajpur Chhattisgarh.

---- Respondent For Applicant :

Mr. V.K. Pandey, Advocate.

For Respondent :

Ms. Akshara Amit, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 79/2019 registered at Police Station - Pratappur, District Surajpur (C.G.) for the offence punishable under Sections 506 & 509-B of IPC read with Sections 67 & 67-A of I.T. Act.

• The prosecution story in brief is that, the prosecutrix lodged a written report alleging therein that she became friend of the applicant through the Facebook about 3-4 months ago, where they talked to each other thought the mobile phone. After the marriage of the prosecutrix, she has stopped to talk with the accused, due to this, the applicant/accused started hurling abuses to her husband as well as the family members of the prosecutrix and posted obscene photographs of her. Thereafter, on the basis of above facts, offence has been

registered against the applicant and the applicant was arrested 27.05.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Charge-sheet has already been filed. He further submits that the applicant is jail since 27.05.2019, there is no previous antecedent against him, therefore, the present appellant may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties and perused the case diary.

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, age of the prosecutrix, detention period of the applicant and further considering the fact that the offence is triable by Judicial Magistrate First Class and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu