In this bail application, the High Court of Chhattisgarh granted regular bail to the applicant, a co-accused in a criminal case involving IPC offences and Section 67A of the IT Act, citing the gravity of the offence and the fact that a co-accused had already been released.
Bail allowed on furnishing a personal bond of Rs. 25,000/- with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1725 of 2022
Panchram Patel S/o Shyamlal Patel, Aged about 26
years, Caste Aghariya R/o Village Dhobani, Police
Outpost Baildula, Police Station Sarsinwa, Tahsil
Bilaigarh, Distt. Balodabazar, Chhattisgarh.
---Applicant
Versus
State Of Chhattisgarh Through Police Station Basna,
Distt. Mahasamund, Chhattisgarh.
--- Non-applicant/State
For Applicant :-Mr. Kishore Narayan and
Ms. Shivali Dubey, Advocates
For State :-Mr. Soumya Rai, P.L.
Hon'ble Shri Justice Sanjay K. Agrawal Order on Board
09/05/2022
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.
424/2021, registered at Police Station - Basna,
District Mahasamund (CG), for the offence
punishable under Sections 385, 509A/34 of IPC and
Section 67A of the IT Act.
2. Case of the prosecution, in brief, is that the applicant along with co-accused Sanjay Patel
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circulated objectionable photograph of the wife of
the complainant and asked for money and thereby
committed the aforesaid offence.
3.Learned counsel for the applicant would submit that
the applicant has not committed any offence and he
has falsely been implicated in the crime in
question. He would further submit that the
applicant is in jail since 07/01/2022 and charge-
sheet has been filed and the co-accused Sanjay
Patel has already been released on bail, as such,
the applicant be released on bail.
4. On the other hand, learned counsel for the State would oppose the bail application.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicant and pre-trial detention of the applicant and the material available on record and further considering that charge-sheet has been filed and the co-accused Sanjay Patel has been granted bail by this Court in MCRC/8050/2021, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.
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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 in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.
9. Certified copy, as per rules.
Sd/-
(Sanjay K. Agrawal)
Judge
Harneet
1 issue framed by the court
Whether the applicant is entitled to be released on regular bail.
1 provisions across 1 enactments
Panchram Patel
State Of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court