William @ Vinod Ekka v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 783 of 2018 William @ Vinod Ekka S/o Shri Baddu Ekka, aged about 28 years, Gram: Kapatbahari, Thana: Sitapur, Distt- Surguja (C.G.). ---- Applicant

Versus

State of Chhattisgarh, through Police Station- Sitapur, Distt.- Surguja (C.G.). ---- Respondent For Applicant :

Mr. Anurag Dayal Shrivastava, Advocate For Respondent :

Mr. R.K. Jaiswal, PL Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board 26/03/2018 1.

Heard.

2.

The applicant has preferred this application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 0245/2017 , S.T. No. 70/2017 registered at Police StationSitapur, Distt. Surguja (C.G.) for the offence punishable under Sections 294, 323, 325, 354, 457 of IPC and Section 7 & 8 of the Protection of Children from Sexual Offences Act, 2012. 3.

According to the prosecution story on 06/12/2017 at about 11:00 pm, the applicant had entered into the house of the prosecutrix, aged about 17 years and caught hold the hand of her to outrage the modesty. He had also assaulted her father who came on hearing the alarm raised

by her. On these allegation, FIR has been registered and the applicant has taken into custody.

4.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocence and has been falsely implicated in the present case. He further submits that neither such incident has been taken place nor any such alleged act has been committed by the present applicant. The applicant is in jail since 09/12/2017 and the trial will likely to take some time to conclude, therefore, he may be released on bail.

5.

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

6.

I have heard learned counsel for both the parties. 7.

Considering the facts and circumstances of the case, particularly considering the fact that the charge-sheet has already been filed, the applicant is in jail since 09/12/2017 and the trial will likely to take some time to conclude, this court is inclined to release the applicant on bail. 8.

Accordingly, MCRC. No.783/2018 is allowed. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- Judge Arvind Singh Chandel Rahul