Manjeet Singh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8266 of 2019 Manjeet Singh Thakur, S/o. Late Shri Rajendra Singh Thakur, aged about 49 years, R/o. Sheetalpara Kanker, Civil & Revenue Distt. - North Baster Kanker (C.G.) ---- Applicant

Versus

State of Chhattisgarh; Through Station House Officer, Police Station - Kanker, Civil & Revenue Distt.- North Bastar Kanker (C.G.) ----Respondent For Applicant : Mr. Sumit Shrivastava, Advocate For Non-applicant : Ms. Reena Singh, Panel Lawyer. Hon'ble Smt. Justice Rajani Dubey Order On Board 04/02/2020 (1) The accused/applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 427/2019 registered at police Station Kanker, Distt. North Baster, Kanker for the offence punishable under Sections 295-A, 153-A of Indian Penal Code and Section 67 of The Information and Technology Act, 2000.

(2) Case of the prosecution, in brief, is that complainant - Mohd. Amjad Warasi has lodged the written report to the effect that the applicant has post a material in the face book, which is defamatory in nature and also against the god of Muslim community and due to the said post, there is maliciously insulting the religion of Muslim community and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that applicant has been falsely implicated in the

crime in question as there is no evidence on record to connect the applicant with the crime in question. He further submits that the applicant is in jail since 03.12.2019, charge sheet is yet to be filed but substantial investigation has already been made and trial is likely to take some time for its final disposal and no useful purpose would be served in further detaining him in jail and no custodial interrogation is required and, therefore, the applicant is entitled to be released on bail.

(4) On the other hand, counsel for the State opposes the bail application. (5) I have heard learned counsel appearing for the parties and perused the case diary with utmost circumspection.

(6) Taking into consideration the facts & circumstances of the case, further considering the fact the applicant is in detention since 03.12.2019; charge sheet is yet to filed but substantial investigation has already been made; 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 bail application is allowed. (7) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Dubey/-