Jugendra Baghel v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 807 of 2018 • Jugendra Baghel S/o Uttam Das, Aged About 20 Years, R/o Village Naroutikapa, Lamer, P. S. Kota, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P. S. Kota, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicant - Shri N.K.Chatterjee, Advocate. For Non-applicant/State - Shri Vijay Bahadur Singh, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 22-03-2018 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 04-12-2017 in connection with Crime No.387/2017 registered at P.S. Kota, District Bilaspur, Chhattisgarh for the offence under Section 354, 506 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. He is in jail since 04-12-2017. Charge sheet has been filed after completion of the investigation and the case is likely to take some time before its conclusion. Hence, it is prayed that the applicant 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 on 13-11-2017 the applicant had first proposed the victim to marry her and then by force outraged her modesty and also threatened her and he continued threatening and harassing the victim till 1811-2017 when he threatened to throw acid on her, getting harassed the victim

-2consumed some poisonous substance on 20-11-2017, because of which, she was hospitalized and discharged after treatment on 24-11-2017. Thereafter, the FIR was lodged.

6.

Considered on the submissions made and contents of the case diary. 7.

The investigation in this case has been completed and presently the case is before the trial Court. There is all likelihood that the trial against this applicant is going to take some time before its conclusion, hence, for the reason that there is no requirement of detention for the purposes of trial in this case, 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