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Madhya Pradesh High Court

Anil Parashar vs The State Of Madhya Pradesh on 4 March, 2015

           ( 1)             M.Cr.C No. 883/2015

                            Anil Parashar
                                  Vs.
                      State of Madhya Pradesh
04/03/2015
      Shri Arun Pateriya, Advocate for the applicant.
      Shri Kuldeep Singh, P.L for respondent/ State.

Shri Ravindra Singh, Advocate for the complainant. This is the first application for bail under Section 439 of Cr.P.C. The applicant has been arrested on 20.1.2015 in connection with Crime No. 12/2015 registered at Police Station Padav, Gwalior for the offence punishable under Section 354 (C) , 507, 509, 34 of IPC and under Section 67 of I.T Act.

It is alleged that the complainant is the wife of the younger brother of the applicant. The applicant Anil Parashar with the connivance of other accused Subhash Parashar prepared forged I.D in the Face Book and threatened the complainant. Not only, he sent obscene S.M.S but also and uploaded her naked photos in the Face Book. On the report of complainant, crime has been registered.

On behalf of the applicant, it is submitted that the offences committed by the applicant under the Indian Panel Code are bailable offences, only offence under Section 67 of I.T Act is not bailable one. The applicant is innocent and is in custody since 20.1.2015. The applicant has been falsely implicated. There is no evidence against the applicant. Therefore, he be given the benefit of bail.

On behalf of the State, learned PL opposed the application and it is submitted that the applicant has committed such a crime and may also commit further crime, if he is released on bail.

On behalf of the complainant, application is opposed vehemently and it is argued that the applicant not only made a fake I.D on the Face Book in the name of complainant Shailja Parashar and various filthy messages but also her nude photos have been uploaded on the Face Book. He has also uploaded the mobile number of the complainant on the said Face Book I.D. The applicant has also uploaded false and fake messages on the Face Book with regard to illicit relationship between the complainant and her counsel. The complainant also alleges that the applicant along with the absconded co-accused his brother Subhash Parashar affixed posters in the Court premises, Bus Stand, City Centre and other places, showing illicit relationship of the complainant with her counsel Shri D.N. Bajpai. The counsel Shri D.N. Bajpai has also filed a defamation suit against the applicant and co-accused Subhas Parashar before the JMFC, Gwalior. Copy of which is annexed at page 6.

The complainant further stated that if the benefit of bail given to the applicant, he may go to any extent in doing such acts, which would hurt and damage the image of the complainant and her reputation.

The I.T report is yet to be received by the Police from ( 3) M.Cr.C No. 883/2015 the Cyber Cell , which may give information regarding the uploading the photos of the complainant in fake Face Book I.D. It would be appropriate to mention here that a case under Section 498-A 506 /34 of IPC is pending against the applicant and the co-accused Subhash Parashar with other persons of the family on the report of complainant.

Keeping in view the circumstances of the case, and the pasting of such posters on public places even tarnishing the image of the complainant as well as her counsel is a matter to be seriously viewed. The Court has to strike the balance between the liberty of the applicant at one hand and the personal freedom and reputation of the complainant at the other hand.

Keeping in view the circumstances prevailing in this case, this Court finds it is not a fit case to exercise the discretion in favour of the applicant.

Accordingly, application is rejected. Certified copy as per rules.

(S.K. Palo) JUDGE dcs/-