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High Court Of ChhattisgarhMCRC/386/2021allowed

Ravindra Verma v. State Of Chhattisgarh

2021-02-23Hon'Ble Shri Justice Gautam Chourdiya3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 386 of 2021 • Ravindra Verma, S/o Manoj Verma, Aged About 20 Years, R/o Village Baghmarra, Police Station and Tahsil Chhuikhadan, District- Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Chhuikhadan, District- Rajnandgaon, Chhattisgarh. ---- Non-Applicant For Applicant :

Shri Abhishek Sharma, Advocate For Non-Applicant/State :

Shri Anil Tripathi, P.L.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 23.02.2021

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested on 05.01.2021 in connection with Crime No. 02/2021 at Police Station- Chhuikhadan, DistrictRajnandgaon (C.G.) for the offence punishable under Section 354, 354 (A) 1 (i), 452 of I.P.C.

2. The allegation against the applicant is that while the prosecutrix was alone at her home, the present applicant entered her home and forcibly caught hold her hands and try to outrage her modesty. On report being lodged to the above effect, offence under the aforesaid Sections have been registered against the present applicant.

3. Learned counsel for the applicant submits that the allegations against the applicant are false and fabricated. He submits that the present applicant is young offender, the applicant has no criminal antecedents, there is no likelihood of the applicant

tampering with the prosecution evidence or absconding, the applicant is in jail since 05.01.2021 and conclusion of the trial is likely to take some time, therefore, at this stage, he may be granted bail.

4. On the other hand, learned counsel for the Non-Applicant/State opposes prayer for grant of bail and submits that the applicant has no criminal antecedents.

5. Having considered the submission made by learned counsel for the parties, taking into consideration the nature of allegation, the fact that the applicant is young offender, he is in jail since 05.01.2021, the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels and conclusion of trial may take some time, the application is allowed.

6. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) he shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.

Sd/- (Gautam Chourdiya) Judge Nadim