Anurag Chaturvedi & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 547 of 2019

1. Anurag Chaturvedi, S/o Shri Shatrughan Chaturvedi, aged about 19 years.

2. Avinash Chaturvedi, S/o Shri Shatrughan Chaturvedi, aged about 21 years. Both are resident of village Risda, P.S. Masturi, at present village Ameri, Shailendra Nagar, P.S. Sakri, Tahsil and District Bilaspur(CG). ---- Applicants

Versus

State of Chhattisgarh Through Police Station Civil Line, Bilaspur, District Bilaspur (CG). ---- Non-applicant For Applicants : Mr. Prakash Tiwari, Advocate.

For Non-applicant : Ms. M.Asha, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 13.02.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with Crime No.810/2015 registered at Police Station Civil Line, District Bilaspur for the offence punishable under Sections 354(¡a), 509, 34 of IPC and Section 11(11)(v), 12 of Protection of Children from Sexual Offences Act.

3.

Case of the prosecution, in brief is that the prosecutrix was aged about 13 years old. She is a resident of Mission Hospital Road, Bilaspur, while she was going and returning to the school, the applicant was outfacing her and used to send obscene messages to her in her mobile. 4.

Counsel for the applicants submits that the applicants have not committed any offence. They are innocent and have been falsely implicated in the present case, therefore, they may be released on bail. 5.

On the other hand, counsel for the State opposes the bail application, however, he submits that no criminal antecedent is reported against the applicants in police case diary.

6.

Looking to the above mentioned facts and circumstances of the case, the bail application is allowed. It is directed that if the applicants furnish two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that they shall appear before the Trial Court at 11:00 am as and when directed till trial and they would co-operate during the trial, they shall be released on bail and they shall not involve any such type of crime in future. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-