Ramesh Banjare v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 689 of 2018 • Ramesh Banjare S/o Dhani Ram Banjare, Aged About 32 Years, Caste Satnami, R/o Devarimath, Tahsil Jaijaipur, P. S. Hasaud, District JanjgirChampa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The District Magistrate Janjgir, District Janjgir-Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Non-applicant For Applicant - Shri Ishwar Jaiswal, Advocate. For Non-applicant/State - Shri N.K. Mehta, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 28-03-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 24-11-2017 in connection with Crime No.158/2017 registered at P.S.

- Hasaud, District Janjgir-Champa, Chhattisgarh for the offence under Section 354(1)(2) of the IPC and Section 8 of the POCSO Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. Charge sheet has been filed after completion of the investigation. The applicant is in jail since 24-11-2017. Hence, it is prayed that he may be released on bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

It is alleged that the applicant by use of force outraged modesty of the victim in this case on the date of incident.

6.

Considered on the submissions made and contents of the case diary.

-27.

As presently the case is before the trial Court and the trial is likely to take some time before its conclusion, the applicant is local resident of Hasaud under jurisdiction of District Janjgir-Champa, hence, I am of this view that this applicant should be released on bail during pendency of the trial against him. 8.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil