Allowed

Dushyant Kumar Aadil v. State of Chhattisgarh

Chhattisgarh HC8 Aug 2023MCRCA/794/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an application for anticipatory bail under Section 438 CrPC filed by an accused facing charges for uploading obscene content, citing lack of prima facie evidence and material triable by a magistrate.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs. 25,000 with one surety and standard conditions of not tampering with witnesses and appearing in court.

Dushyant Kumar Aadil Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 794 of 2023

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Dushyant Kumar Aadil, S/o Shivkumar Aadil, Aged About 40 Years R/o Hataud, P.S. Kasdol, District Baloda Bazar Bhatapara Chhattisgarh Taluka Kasdol, Village Hataud District Balodabazar Bhatapara Chhattisgarh

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--- Applicant

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Versus State of Chhattisgarh, Through Station House Officer, Police Station Kasdol, District Balodabazar Bhatapara Chhattisgarh

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--- Respondent

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___________________________________________________________ For Applicant : Mr. Prafull N. Bharat, Sr. Advocate with Mr. Mayank Chandrakar, Advocate. For State : Mr. R.C.Deo, Panel Lawyer.

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Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

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08/08/2023

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This is the first bail application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail, who has apprehension of being arrested in connection with Crime No. 320/2023, registered at Police Station– Kasdol, District- Balodabazar (C.G.) for the offence punishable under Sections 67A, 67B of IT Act.

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Case of the prosecution, in brief, is that on 21.04.2023 NCRB Branch New Delhi under CCPWC, Govt. of India, Home Ministry has sent letter to Cyber Cell to verify about obscene video uploaded by mobile No. 8305521573 and directed for investigation in the matter. In pursuance of the same, on enquiry, it was found that the said mobile belongs to the applicant and on the basis of the same, FIR has been registered against the applicant for commission of offence as afore-stated.

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Learned Senior counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question. He would further submit that the applicant is a government servant and there is no material on record about uploading of any obscene video of a child has been made viral through his mobile phone. He would further submit that there is no material collected by the prosecution to demonstrate that the obscene video has been made viral through his mobile phone. He would also submit that the applicant is suffering from bipolar

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affective disorder and to substantiate the same, he has also annexed the documents. Hence, it is prayed that this applicant should be granted anticipatory bail.

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On the other hand, learned counsel for the State opposing the anticipatory bail application submits that there is clear allegation against the applicant regarding commission of offence. He would further submit that the witness in his statement has informed that the present applicant has uploaded the obscene video wherein the Government of India has directed for enquiry. Hence, it is prayed that the application for grant of anticipatory bail may be rejected.

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

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Considering the fact and circumstances of the case, no prima facie material has been collected by the prosecution regarding uploading of obscene video by the applicant and also considering the fact that the matter is triable by magistrate, I am inclined to extend the benefit of Section 438 of the Cr.P.C. to the applicant.

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Accordingly, the instant anticipatory bail application is allowed and It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on anticipatory bail by the officer arresting him on executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions:-

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(i) That the applicant shall make himself available for interrogation before the concerned police officer as and when required;

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(ii) That the applicant shall not, directly or indirectly, make any inducement, threat undue influence to the prosecution witnesses;

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(iii) 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.

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Certified copy as per rules.

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Sd/(Narendra Kumar Vyas) Judge

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Arun

Dushyant Kumar Aadil v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Dushyant Kumar Aadil v. State of Chhattisgarh

Case brief

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What did the court decide?

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