1 2025:CGHC:13391 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 387 of 2025 Sushant Kole S/o Late Kartikchand Kole Aged About 42 Years R/o Shahid Nagar Khamtarai P.S. Khamtarai Raipur District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer Police Station Khamtarai District - Raipur (C.G.) ... Non-applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 20.03.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 558/2023, registered at Police Station – Khamtarai, District – Raipur (C.G.) for the alleged commission of offence punishable under Section 67(b) of the Information Technology Act, 2008. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.22 10:37:44 +0530 2 2. According to the allegations made by the prosecution, in brief, it is alleged that the applicant uploaded an obscene photograph on WhatsApp using his mobile phone. Consequently, the concerned police station registered the aforesaid offenses against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She submits that the applicant has neither uploaded an obscene photograph through his mobile nor committed any of the offenses alleged by the prosecution against him. She further submits that the applicant has been falsely implicated by the concerned police station solely on the basis of suspicion, without conducting a proper inquiry or providing sufÏcient reason, which is contrary to the law, therefore, she prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant. He further submits that the applicant uploaded an obscene photograph on WhatsApp using his mobile phone. Therefore he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary also considering the fact that the applicant uploaded an obscene photograph on WhatsApp using his mobile 3 phone, therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Sushant Kole, involved in Crime No. 558/2023, registered at Police Station – Khamtarai, District – Raipur (C.G.) for the alleged commission of offence punishable under Section 67(b) of the Information Technology Act, 2008, is rejected. Sd/- (Ramesh Sinha) Chief Justice Abhishek