Akash Sen v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6185 of 2016 Akash Sen, S/o Amlendu Sen, Aged About 25 Years, R/o H.No.205, Naya Zameen, Police Station Mana Camp, District Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Mana Camp, District Raipur, Chhattisgarh.

---- Respondent For applicant - Shri Devershi Thakur, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 5/10/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.135/2016 registered in Police Station Mana Camp, Dist. Raipur (C.G.) for offence punishable under section 292, 468, 471 of IPC & Section 66 (a), 66 (d) of the I.T. Act. 2.

As per the prosecution case, a report was made by one Haresh Dama on 26/08/2016 that her daughter who is a student of MBA at MAX College, Raipur her photograph alongwith the applicant was shown in Instagram web site which was up loaded by the applicant. It is reported that his daughter's marriage was fixed in December and when father confronted the daughter with the photograph in the mobile it was disclosed by the daughter that the applicant who is also student of MAX college was pressurizing the daughter for last 2 months for marriage and in absence thereof the photographs were made public in social network site. 3.

Learned counsel for the applicant would refer to the photograph of the boy alongwith the girl filed as Annexure A-4 and would submit that both the applicant and the girl were in love relation and nature of

photograph would show that neither it was obscene photograph nor any such photographs were loaded since both the applicant and the girl were in relation to each other as such decent photographs were on site. He further submits that applicant is a student, his exams are coming up, no further investigation is necessary, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the girl as also statement of the father and his brother. Case diary do not contain any photographs which are alleged to be obscene. Taking into facts of this case and the nature of photographs which are filed alongwith the petition and considering the fact that seizure has already been made and applicant is a student, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri