Order On Board

17/05/2024

1. The applicant has preferred this application under Section 438 of Cr.P.C. for grant of anticipatory bail, apprehending his arrest in connection with Crime No.34/2023, registered at Police Station Chakradharnagar, District - Raigarh (C.G.) for alleged commission of offences punishable under Sections 509 of the Indian Penal Code (In short, IPC) and under Section 67 of the Information Technology Act (In short, IT Act).

2. As per the case of the prosecution, the some unknown person made post in Facebook by using fake ID and post, the photo of complainant’s wife and made obscene message to defame her, upon such information the FIR has been registered against the unknown person. Thereafter, the aforesaid FIR has been registered against the unknown person, the applicant moved an application for grant of anticipatory bail before the learned trial Court, same was rejected. Hence, this anticipatory bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this crime. He further submits that the FIR has been registered against the unknown person who created fake Facebook ID by making post, whereas the applicant is aged about 37 years married household lady having family and minor children. He also submits that to create a fake Facebook ID and for posting photos is required skill of technical education. He also submits that the applicant is having no criminal antecedent in any offence. Hence he prays to enlarge the applicant on anticipatory bail.

4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the present applicant has posted the photo of complainant’s wife on the social media i.e. Facebook and also sent some obscene messages, therefore, the anticipatory bail application of the applicant deserves to be rejected.

5. I have heard learned counsel for the parties and perused the impugned order passed by the trial Court.

6. Taking into consideration the nature of allegation made against the present applicant, and from the perusal of the case diary it appears that the present applicant has posted the photo of complainant’s wife on the social media i.e. Facebook and also sent some obscene messages, I am not inclined to grant anticipatory bail to the applicant. Accordingly, the anticipatory bail application of the applicant - Vimlesh Kanwar, filed under Section 438 of Cr.P.C. involved in Crime No.34/2023, registered at Police Station Chakradharnagar, District - Raigarh (C.G.) for alleged commission of offences punishable under Sections 509 of the Indian Penal Code (In short, IPC) and under Section 67 of the Information Technology Act (In short, IT Act), is rejected.