Ravi @ Monu Bhatt v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No. 8036 of 2017 • Ravi @ Monu Bhatt S/o Bhushan Bhatt Aged About 22 Years R/o Village Gadadih Shantinagar Police Station Utai District Durg Chhattisgarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Utai District Durg Chhattisgarh, Chhattisgarh. ---- Respondent For the Applicant :

Shri Gautam Khetrapal, Advocate.

For the Respondent/State :

Shri Vivek Singhal, PL.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 05.03.2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 501/2017, registered at Police Station - Utai, District - Durg, (C.G), for the offences under Section 341, 354, 354 (A) (1) of the Indian Penal Code and Section 7 & 8 of Protection of Children From Sexual Offences Act, 2012.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 30.11.2017, no case is made out against him in the material present in the charge sheet. The applicant is ready to abide by all the conditions which may be imposed while granting bail to the applicant, hence, it is prayed that the applicant may be released on bail.

3. Learned counsel for the State opposes the bail application and submission made in this respect.

4. Heard counsel for both the parties and perused the case diary.

5. The age of the victim is 15 years and she submitted a written complaint in PS - Utai, stating that the present applicant used to constantly follow her and send letters to her. On the date of incident the applicant approached the victim and caught hold of her hand and then he proposed to elope with him. On this basis FIR has been lodged against the present applicant.

6. Considered on the submission and contents of the case diary, the applicant is in detention since quite some time, after filing of the charge-sheet no purpose would be served, if the, applicant is kept in detention, till the completion of the trial, hence, this Court is of the opinion that this is a fit case, where the applicant is entitled for grant of bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd /- (Rajendra Chandra Singh Samant) Judge Jamal