High Court Of ChhattisgarhMCRC/69/2019allowed

Kamar Raza v. State Of Chhattisgarh

2019-01-22Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 69 of 2019 • Kamar Raza S/o Sajjad Nirbaan Aged About 21 Years R/o Chameli Chowk Dhamtari Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali Dhamtari Chhattisgarh.

---- Respondent ________________________________________________________ For Applicant : Mr. Akhtar Hussain, Advocate.

For Respondent/State : Mr. Bhaskar Payashi, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 22/01/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 584/2018, registered at Police Station - City Kotwali, Dhamtari (C.G.) for the offence punishable under Sections 341, 363, 354, 354 (|), 506 & 201 of the IPC and Section 8 of the POCSO Act.

2. In this case prosecutrix is a girl aged about 17 years. On 29.11.2018 prosecutrix lodged a report alleging that on 28.11.2018 when she went to purchase some study material from the book depot at that time the applicant came to her with bad intension and abducted her and also outraged her modesty. On the basis of said report, offence has been registered against the present applicant and he has been arrested on 29.11.2018.

3. Learned Counsel appearing on behalf of the applicant submits that the applicants is innocent and has been falsely implicated in the present case. There was a friendship between the complainant/prosecutrix and the applicant. Due to some pressure given by the prosecutrix from her family members, a false report has been lodged by her against the

present applicant. The applicant is in custody since 29.11.2018 charge-sheet has been filed and trial will take some time. Therefore, the applicants may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant is in custody since 29.11.2018, charge-sheet has already been filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham