Madhya Pradesh High Court
Pal Singh vs The State Of Madhya Pradesh Thr on 29 August, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 31329/2018
(Pal Singh Vs. State of M.P.)
Gwalior, dated : 29/8/2018
Shri Dinesh Kumar Agrawal, Advocate for the
applicant.
Shri Prakhar Dhengula, Public Prosecutor for the
respondent-State.
Case Diary is perused.
Learned counsel for the rival parties are heard. The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.
The applicant has been arrested by Police Station Lahar, District Bhind in connection with Crime No.212/2018 registered in relation to the offences punishable under sections 153-A and 505(2) of the IPC and 67-A of the Information Technology Act, 2000.
Allegations against the applicant, in short, are that the applicant posted an obscene message on Facebook with regard to girls belonging to Brahmin community, thereby hurting the sentiments of the said community.
Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in custody since 12/7/2018. It is not alleged that he is the author of the post. Even assuming that the message is indecent, then too section 67-A of the Information Technology Act is not attracted, as the same cannot be termed as sexually explicit. He is a permanent resident of Village Lalpura, Tahsil Lahar, Distt. Bhind and there is no likelihood of his absconsion, if released on bail.
On the other hand, learned Public Prosecutor has THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 31329/2018 (Pal Singh Vs. State of M.P.) opposed the application and prayed for its rejection contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out. He submits that the said message certainly falls within the ambit of section 67-A of the IT Act. Such offences on social media are on a rise. As such, no indulgence is warranted at this stage, particularly in view of the fact that applicant has been arrested recently on 12/7/18 only.
Taking into consideration the overall facts and circumstances of this case, in the opinion of this Court, no case for grant of bail is made out at this stage.
The application, accordingly, stands dismissed.
(S.A. Dharmadhikari) Judge (and) Digitally signed by ANAND SHRIVASTAVA Date: 2018.08.30 15:36:16 +05'30'