S.M. Wazi Ahmad v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1619 of 2019 • S.M. Wazi Ahmad S/o. Asgar Ali Aged About 54 Years R/o. Quarter No. 4-A, Street No. 11, Sector -4, Bhilai, Tahsil And District Durg Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Police Station Bhilaibhatti, District Durg Chhattisgarh ---- Respondent For Applicant : Mr. Manoj Paranjpe, Advocate.
For Respondent/State : Mr. Shubham Verma, P.L.
Hon'ble Shri Justice Arvind Singh Chandel Order On Board 21/11/2019
1. The applicant has filed this bail application for grant of anticipatory bail under Section 438 of the Cr.P.C. as he is apprehending his arrest in connection with crime no. 158/2019, registered at Police Station Bhilaibhatti, Distt. Durg (C.G.) for the offence punishable under Sections 295-A of the IPC.
2. As per prosecution story, complainants Nitesh, Omprakash, Atul, Rohan, Vinay and others lodged a written report inter alia on the allegations that the applicant with deliberate and malicious intention has outreached the religious feelings and attempt to insult the religion and religious believes of Hindus. On the basis of said written report, offence has been registered.
3. Learned counsel appearing on behalf of the applicant submits that
the applicant is holding the post of Master Operator in Bhilai Steel Plant, though he received some messages in his social media and forwarded the same on his group in social media and when he realized that he forwarded the wrong messages into social media group, before lodging the FIR on 17.09.2019, he apologized with the group members and deleted the said messages from his social media. He further submits that the applicant has no intention to hurt the feelings of anyone, by mistake he forwarded the messages. He finally submits that the applicant is a reputed person of his society, he is permanent resident of above mentioned address and there is no chance of his absconding, therefore, he may be granted benefit anticipatory bail.
4. Per contra, learned counsel appearing on behalf of State opposes the bail application.
5. I have heard learned Counsel for the parties.
6. Considering the facts and circumstances of the case, evidence collected by the prosecution, arguments advanced by both the counsel appearing for the parties and further considering the fact that before lodging the FIR on 17.09.2019, the applicant has apologized with the group members and deleted the said messages from his social media. Without further commenting on other merits of the case, in my considered opinion, it is a fit case for grant anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application is allowed.
8. It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the officer arresting him and he shall abide by all the following terms and conditions:- I.
That the accused/applicant shall made himself available for interrogation before the concerned Investigating Officer
as and when required;
II.
The accused/applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;
III.
The accused/applicant shall not act, in any manner which will be prejudicial to fair and expeditious trial; and IV.
The applicant shall appear before the Trial Court on each and every date given to him by the said Court till disposal of the trial.
Sd/- (Arvind Singh Chandel) Judge Shubham