NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

M.Cr.C(A) No.872 of 2022

Shaman Agnihotri S/o Shri Kushal Agnihotri Aged About 27 Years R/o Behind

Astha Hotel, Ward No. 18, Rani Avanti Bai Ward, Mandala, District Mandala

(M.P.)

---- Applicant

Versus

State Of Chhattisgarh Through P.S. Sarkanda District Bilaspur (C.G.) .

---- Non-Applicant

For Applicant:

ShrI Achyut Tiwari, Advocate.

For Non-Applicant/State :

Shri Raghavendra Verma, G.A.

Hon'ble Shri Justice

Deepak Kumar Tiwari

Order on Board

25.08.2022

1.

This 1^st anticipatory bail application under Section 438 of the Code of

Criminal Procedure has been filed by the Applicant, who is apprehending his

arrest in connection with Crime No.573/2021 registered at Police Station –

Sarkanda, District – Bilaspur (CG) for the offence punishable under Section

509-B IPC.

2.

Prosecution case is that the complainant received an abusive message

from a fake Instagram ID of an unknown person, therefore, offence as mentioned

above has been registered against the present Applicant, who was found

involved in the said crime during investigation.

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

the Applicant was undergoing medical treatment for his mental ill-health, a

compromise has taken place between the complainant and the present Applicant,

he is a final year student of Chartered Accountancy having no criminal past,

therefore, he may be granted anticipatory bail.

4.

Per contra, learned Counsel for the State has opposed the said prayer.

5.

Considering the facts and circumstances of the case, the submissions

made, particularly considering the nature of allegations and that the complainant

and the Applicant have entered into a compromise, without further commenting

anything on merits, I am inclined to grant anticipatory bail to the Applicant.

6.

Accordingly, the application is allowed and it is directed that in the event

of arrest of the Applicant, on executing a personal bond for a sum of Rs 25,000/-

with one surety in the like sum to the satisfaction of the arresting Officer, he shall

be released on bail on the following conditions:-

(a) he shall not directly or indirectly make any

inducement,

threat

or

promise

to

any

person

acquainted with the facts of the case so as to

dissuade him from disclosing such fact to the

Court.

(b) he shall not act in any manner which will be

prejudicial

to

fair

and

expeditious

trial,

and

(c) he shall appear before the trial Court on each

and every date given to him by the said Court till

disposal of the trial.

(d)

he shall not involve himself in any offence of

similar nature in future.

Sd/-

(Deepak Kumar Tiwari)

Judge

Priya