High CourtsSingle Bench

Shashibhushan Kumar vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 12 May 2021 · Citation: (2021) 05 CHH CK 0008

HON’BLE JUDGES
Rajani Dubey, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 509(B) · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 1551 Of 2021
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Judgment

18 paragraphs · 330 words

Rajani Dubey, J

1.

The matter is heard through video conferencing.

2.

The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during

trial in connection with Crime No. 118/2021 registered at Police Station- Sarkanda District Bilaspur (C.G.) for the offence punishable under Section

509 (B) of IPC.

3.

The prosecution story, in brief is that, present applicant took some obscene photographs of the complainant and threatened her to get viral the

photographs on social media. Thereafter, offence has been registered against the present applicant.

4.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits

that applicant is in jail since 28.01.2021 there is no likelihood of his case being decided in near future, therefore, the present applicant may be released

on bail.

5.

On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the offence

committed by the applicant is of serious in nature, and, therefore, no case is made out for grant of bail.

6.

I have heard learned counsel for the parties and perused the record.

7.

Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the

applicant is in jail since 28.01.2021, 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.

8.

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.