High CourtsSingle Bench

Yashwant Sahu vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 17 May 2021 · Citation: (2021) 05 CHH CK 0116

HON’BLE JUDGES
Narendra Kumar Vyas, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Information Technology Act, 2000 — Section 37B
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 1302 Of 2021
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Judgment

18 paragraphs · 316 words

Narendra Kumar Vyas, J

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has

been arrested in connection with Crime No. 17/2021, registered at Police Station- Khairagarh, District- Rajnandgaon (C.G.) for the offence punishable

under Section 67B of the Information Technology Act, 2000.

2.

Case of the prosecution in short is that the applicant uploaded some porn video by his mobile No. 7024746852 and committed offence under Section

67B of the Information Technology Act, 2000.

3.

Learned counsel for the applicant submits that the applicant is in jail since 29.01.2021 and has been falsely implicated in this case. No case is made

out against this applicant, hence, it is prayed that this applicant may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application submitting that there is clear allegation against this applicant regarding

commission of offence. Hence, the application for grant of bail may be rejected.

5.

Heard learned counsel for both the parties.

6.

Considered the submissions and the fact that the charge-sheet has already been filed. The case is pending for trial, conclusion of trial may take

some time and without further commenting on merits of the case, I am of the opinion that it is a fit case to grant bail to the applicant.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs. 50,000/- with two solvent sureties for the

like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court,

till disposal of the trial.

Certified copy, as per rules.