Y Dhanjay Rao v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7307 of 2019 • Y Dhanjay Rao S/o. Y Jagga Rao Aged About 26 Years R/o. Construction Colony Q.No. 1150/2, P.S. Tarbahar Bilaspur Tahsil And District Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Aadim Jati Kalyan Bilaspur, District Bilaspur Chhattisgarh, ---- Respondent For Applicant : Shri P.K.Tulsyan, Advocate For Respondent/State : Shri Vinod Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 09/01/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.4/2019 registered at police station Aadim Jati Kalyan, Bilaspur (CG) for the offence punishable under Sections 294,506 and 509 (B) IPC; Section 67 of the Information and Technology Act and Sections 3(1)(r) (s) of the SC/ST (Prevention of Atrocities Act), 1989.

Case of the prosecution in brief is that report was lodged by the complainant against the applicant that he was transmitting obscene material which is lascivious in electronic form i.e. through mobile. Counsel for the applicant submits that the applicant has been

falsely implicated in the case. He further submits that earlier also the complainant has lodged a report against the applicant in which he has been granted bail and again she has made a false report against him. He submits that the applicant is in jail since 16.10.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna