NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRCA No.328 of 2022

•

Ritesh Dewangan, S/o Kamta Prasad Dewangan, Aged About 21

Years, Caste Dewangan, R/o Village Chhuri, Ward No.7, Police

Station Katghora, District Korba, Chhattisgarh.

---- Appellant

Versus

•

State of Chhattisgarh, Through The Station House Officer, Police

Station Katghora, District Korba, Chhattisgarh.

---- Respondent

For Appellant

Mr. Nitesh Shrivas, Advocate

For Respondent

Mr. Anmol Sharma, PL

Hon'ble Justice Smt. Rajani Dubey

Order On Board

13/05/2022

1.

The applicant has preferred this anticipatory bail application under

Section 438 of CrPC, as he is apprehending his arrest in connection

with Crime No.41/2022, registered at Police Station Katghora,

District Korba (C.G.) for the offence punishable under Section 67 of

the Information Technology Act.

2.

The prosecution story, in brief, is that on 07.04.2020, the applicant

uploaded some obscene video on the social media relating to child

pornography, thereby he committed the offence.

3.

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 no obscene video has been recovered from

the mobile phone of the applicant, thus there is a possibility that

someone else might have uploaded the same by hacking the mobile

phone of the applicant. He further submits that the applicant is a

young boy and presently he is pursuing his graduation and is in the

stage of final year exam, therefore, the applicant may be extended

the privilege of anticipatory bail.

4.

Learned State counsel opposes the bail application, however, he

admits the fact that no obscene video was recovered from the

mobile phone of the applicant.

5.

Heard learned counsel for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case,

nature and gravity of offence, particularly the fact that no obscene

video was recovered from the mobile phone of the applicant and the

applicant being a young boy, without commenting anything on the

merit of the case, this Court is of the considered opinion that it is a

fit case to grant anticipatory bail to the applicant.

7.

Accordingly, the application is allowed. It is directed that in the event

of arrest of the applicant in connection with aforesaid crime number,

he shall be released on bail on his furnishing a personal bond for a

sum of Rs.25,000/- with one surety in the like sum to the satisfaction

of the concerned Arresting/Investigating Officer or the Court

concerned, as the case may be, with the following terms and

conditions:

(i) that the applicant shall make himself available for

interrogation before the concerned investigating officer

as and when required;

(ii) that the applicant shall not, directly or indirectly, make

any inducement, threat or promise to any person

acquainted with the facts of the case as to dissuade

him/her from disclosing such facts to the Court or to any

police officer;

(iii)that the applicant shall not act in any manner which will

be prejudicial to fair and expeditious trial; and

(iv)that the applicant shall appear before the trial Court on

each and every date given to him by the said Court till

disposal of the trial.

Sd/-

Rajani Dubey

Judge

Nirala