Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11200
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 324 of 2025
1. Pramod Kumar Seth S/o Late Rajendra Kumar Soni Aged About 45 Years R/o House No.-104a, Ward No.-25, Gouri Ward, Post- Ambikapur, Tahsil- Ambikapur, Police Station- Gandhinagar, District- Surguja (C.G.)
... Applicant versus
1. State Of Chhattisgarh Through - Police Station- Lundra, District- Surguja (Ambikapur) (C.G.)
... Non-applicant For Applicant : Mr. Rohitsava Singh, Advocate For Non-applicant : Mr. UKS Chandel, Dy. Advocate General SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.03.2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.65/2023 registered at Police Station Lundra, District Surguja (C.G.) for the offence punishable under Sections 509B of the Indian Penal Code and Section 67 of Information Technology Act. NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.07 11:24:23 +0530
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2. Case of prosecution, in brief, is that the complainant lodged complaint in concerned police station mentioning that the applicant has made obscene video of complainant and her younger sister by tampering their photographs and upoloaded the same in the internet and also created obstacles in smooth running of school by the complainant. Based on said complaint, the instant crime is registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He argues that the complainant is divorced wife of applicant who is living separately. Applicant has never made obscene video of complainant or her sister and made the same viral. The complainant is in the habit of lodging false FIR against the applicant as before this incident, she had lodged FIR against the applicant for commission of offence under Section 376 of IPC from which he stood acquitted vide judgment of acquittal dated 3.3.2020 (Annexure A-2). The offence registered against the applicant is triable by the Magistrate. He further submits that applicant is a government servant and arrest of the applicant in this case, will adversely affect the future of his service. Applicant is ready to furnish bail as
3 per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of anticipatory bail to the applicant. 4.
On the other hand, learned State counsel opposed the bail application of present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, submissions of learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the view that the applicant has a good case for grant of anticipatory bail. 7. Accordingly, the instant anticipatory bail application is allowed and it is directed that in the event of arrest of applicant –Pramod Kumar Seth, on executing a personal bond and 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. 4 (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (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) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Certified copy as per rules. Sd/- (Ramesh Sinha) CHIEF JUSTICE nisha