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2025 DAILYLAW 31589 (CHH)

MOHAMMAD IMRAN KHAN v. STATE OF CHHATTISGARH

MCRCA/943/2025 · 2025-06-30

body2025

Judgment text

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1 2025:CGHC:29516 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 943 of 2025 • Mohammad Imran Khan S/o Abdul Sattar Khan Aged About 31 Years R/o Sunni Raza Maszid Gali Masanganj, Police Station Civil Line, District Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Civil Line, District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Dharmesh Shrivastava, Advoate For Respondent : Mr. Soumya Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.510/2025, registered at Police Station – Civil Line District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 67(B) of Information & Technology Act and Section 14 of Protection of Children from Sexual Offences Act,2012. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 2. The case of the prosecution in brief is that the Cyber Tip Line sent a report to Police Station Civil Line Bilaspur on the basis of which an offence bearing Crime No. 510/2025 for the offence punishable under section 67(B) of Information & Technology Act and Section 14 of Protection of Children from Sexual Offences Act, 2012 was registered against the present applicant. It is alleged that on 06.08.2022 the present applicant has uploaded some obscene video/photo in social media app by his mobile phone, though it is false and fabricated as the present applicant is layman and only uses the phone by forwarding messages. Charge-sheet has not been filed and matter is being investigated by the police of Police Station Line, Bilaspur, District - Bilaspur (C.G.). 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that applicant neither involved in the commission of crime nor tried to commit any offence. It is further submits that the present applicant uploaded the obscene video/phot in the social media app by mobile phone but he is not sole user of the mobile phone. He further submits that the mobile phone has already been sold by the present applicant and he has no knowledge regarding commission of offence by the mobile phone. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and 3 submits that applicant has no criminal antecedent but looking to the overt-act applicant 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 facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it transpires that the present applicant has uploaded some obscene video/photo in social media app by his mobile phone and he is the owner of the mobile No. 9907064515 by which the crime was committed, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the anticipatory bail application of the applicant– Mohmmad Imran Khan filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved inCrime No.510/2025, registered at Police Station – Civil Line District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 67(B) of Information & Technology Act and Section 14 of Protection of Children from Sexual Offences Act,2012, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali