Madhya Pradesh High Court

MCRC/1715/2024 of ROHIT PRAJAPATI Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 1715 of 2024

BETWEEN:-

ROHIT PRAJAPATI S/O SHRI RAVISHANKARPRAJAPATI, AGED ABOUT 30 YEARS, R/OSOMESHWARDHAM COLONY NEAR GAURAB GARDENRAISEN DISTRICT RAISEN (MADHYA PRADESH)

(BY SHRI MADAN SINGH - ADVOCATE )

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICES TAT I O N CRIME BRANCH DISTRICT BHOPAL(MADHYA PRADESH)

(BY SMT. SONALI SHRIVASTAVA - PANEL LAWYER )

.....RESPONDENT

This application coming on for admission this day, the court passed the following:

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ORDER

This second bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of regular bail in relation toFIR No. 87/2023 dated 31.7.2023, registered at Police Station Crime Branch,District Bhopal (M.P.) for commission of offence under Sections 354-D, 509 ofIPC and Section 67-A of the Information Technology Act, 2000. Applicant is indetention since 25.08.2023.

2. Applicant's first bail application was dismissed as withdrawn and notpressed vide order dated 12.10.2023 passed in M.Cr.C. No.43327/2023.

3. As per the prosecution story, on 17.3.2023 complainant/ prosecutrixfiled an application in writing before the police alleging that some unknownperson is sending obscene photographs along with obscene texts through email ID Nos. [REDACTED], singrolisingroli5@gmail .com,[REDACTED], [REDACTED] and [REDACTED] on her email ID [REDACTED]. Heis conveying indecent and vulgar messages about her and her colleagues. FIRwas registered. After investigation, charge-sheet has been filed.

4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Nomessages were transmitted by him through e-mail. Applicant has no criminalbackground. Therefore, it is prayed that applicant may be released on bailpending the trial.

5. On the other hand, learned counsel for the respondent/State hasopposed grant of bail.

6. In this case, after investigation charge sheet has already been filed. Considering the detention period of the applicant and the fact that finalconclusion of trial will take considerable time, but without expressing anythingon the merit of the case, I am inclined to release the applicant on bail.Consequently, this second bail application under Section 439 of the Code ofCriminal Procedure for grant of bail filed on behalf of applicant, standsallowed.

7. It is directed that applicant - Rohit Prajapati be released on bail onhis furnishing a personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand only) with one solvent surety in the like amount to the satisfaction ofthe trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all thedates fixed by it during trial. He shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.

8. This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.

Certified copy as per rules.

mrs. mishra

(DINESH KUMAR PALIWAL)JUDGE

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