1 2025:CGHC:14584 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 415 of 2025 Dinesh Kumar Soni S/o Late Laxman Prasad Soni Aged About 45 Years R/o Flat No. 208, Pooja Paradise, Sarkanda, Seepat Road, Lingiyadeeh, Police Station- Sarkanda, District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station- Sarkanda, District Bilaspur, Chhattisgarh. ---- Non-Applicant For Applicant : Mr. Manoj Paranjpe, Advocate. For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 26/03/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 337/2025 registered at Police Station – Sarkanda, District - Bilaspur (C.G.) for the offence punishable under Sections 67-B, Information Technology Act, 2000, and Section 15 of Prevention of Children from Sexual Offences Act, 2012. 2. Prosecution case in brief is that a cyber tip from Delhi has been KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 received by the police station Sarkanda, Bilaspur, that certain pornographic content related to children has been disseminated /uploaded on 22-04-2023, using I.P. Address 117.200.41.226 which is of landline number 07752-291874, which belongs to the Brilliant Public School, Seepat Road Bilaspur, and in the said I.P. address mobile number 98933-24605 was being operated, which is registered in the name of the present applicant. Therefore based upon the information received an offence has been registered against the present applicant alleging that he has uploaded the said objectionable pornographic content related to children. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in crime in question. He further submits that the applicant is a working professional holding the post of Accounts Manager at Brilliant Public School, Seepat Road, Bilaspur, C.G. for the last 25 years since 2001. During the course of employment to obtain a landline (Broadband connection) number i.e. 07752-291874, for the school to operate internet services, personal mobile number of the present applicant i.e. 98933-xxxxx has been provided for the purposes of K.Y.C. (Know Your Customer) formality before the service provider Bharat Sanchar Nigam Limited. It is for this reason the personal mobile number of the applicant is being reflected in the alleged commission of crime alongwith the landlind (Broadband) number. He also submits that as per the information, the alleged crime of dissemination of pornographic content has been done from an I.P. address 117.200.41.226, allocated to a landline connection 07752- 3 2xxxxx, which is registered in the name of Brilliant Public School, Seepat Road Bilaspur, which is virtually a public place connection, since the same is used for internet services for the entire school. Since the landline number (broadband connection) of the school along with the associated I.P. address is mentioned in the said commission of crime, it is clear from this fact that the present case is not one where only the mobile device with its internet service has been used for alleged crime. 4. Learned counsel for the applicant further submits that the present applicant is also a cancer survivor and back in year 2015 his cancerous tumor was removed. Since then the applicant has to visit his hospital in Mumbai i.e. Tata Memorial Cancer Hospital, every year. It so happens that in the year 2023 also, the applicant was travelling along with his entire family for his annual checkup to Mumbai from 20-04-2023 to 25-04-2023 via Manmad - Shirdi etc. This clearly goes to show that on the alleged date of commission of crime from Bilaspur, Chhattisgarh, the present applicant was in the State of Maharashtra, specifically in the pilgrim city of Shirdi, and he cannot commit the alleged crime from a landline (Broadband) connection which is at Bilaspur, Chhattisgarh. He further submits that further show the absence of the applicant from the place of commission of crime i.e. Brilliant Public School, Seepat Road, Bilaspur, Chhattisgarh, the attendance register (applicant's name at serial number 36) of the school is also produced hereby as Annexure A/6, which clearly shows that the applicant was not present in the vicinity of the school premises on the alleged date of 4 commission of crime i.e. on 22-04-2023. It is noteworthy to mention here that the investigating body in these types of cases, which are very technical in nature, have very detailed information available with them with respect to the digital identity of the device used in such crimes. The present applicant is very confident that he has never committed the alleged conduct of dissemination/uploading of any pornographic content and therefore applicant is providing hereby the IMEI number (SIM Slot 1- 864916061163632, SIM Slot 2-864916061163624) and permanent MAC address i.e. c0:ed:e5:06:84:37 which are the details of the mobile device which he is using with the concerned mobile number since August 2022, and the police authorities without verifying the technical details of the present applicant have implicated the applicant in the alleged crime. (copy of the screenshot showing technical specifications of the mobile device of the applicant and the purchase bill of the same mobile is annexed herewith as Annexure A/7). He also submits that the FIR has been registered with an unexplained delay of almost two years in the year 2025. The applicant has by no means any intention to flee away. Accordingly, he prays for grant of anticipatory bail in the instant case. 5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant and submits that the applicant was uploaded disseminating obscene videos/photos of women and children on social media platform. The accused used an IP address and mobile number registered in his name to commit the offence. Hence looking to the seriousness of this case, the 5 present applicant is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering the fact and circumstances of the case, nature and gravity of offence levelled against the applicant and material available on record and further the fact that the applicant is a cancer patient, having undergone surgery to remove a cancerous tumor in the year 2015 and since then, the applicant has been required to visit the Tata Memorial Cancer Hospital in Mumbai annually for follow-up treatment and furthermore, the applicant is aged about 45 years old and has no criminal antecedent thus, at this stage without expressing any opinion on the merits of the case, this Court is of the opinion that the applicant is entitled to be granted anticipatory bail in this case. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dinesh Kumar Soni on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till 6 disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal