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High Court Of ChhattisgarhMCRC/959/2020allowed

Mohd. Akram Mansuri v. State Of Chhattisgarh

2020-03-20Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Mohd. Akram Mansuri S/o Mohd. Aslam Mansuri Aged About 20 Years Resident Of Krishna Nagar Ganesh Chowk, Near Maldar Bhawan, Police Station Supela, District Durg Chhattisgarh (Not Mentioned in the impugned Rejection Order) ---- Petitioner

Versus

• State Of Chhattisgarh Through- Station House OfÏcer, Police Station Supela, District Durg Chhattisgarh (Not Mentioned In the impugned rejection order) ---- Respondent For Applicant Mr. Purnendra Kichariya, Advocate For Respondent /State Mr. KK Singh, Government Advocate SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 20/3/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant,

who has been arrested in connection with Crime No.663/2019 registered at Police Station Supela District Durg (CG) for the offence punishable under Sections 354 (Gha), 294, 506, 323, 34 of IPC and Section 12 of the POCSO Act.

3. The applicant was allegedly stalking the prosecutrix for about a year. On 12.7.2019, he was stalking and chasing the prosecutrix while she was going to school. When she informed the incident to his brother Himanshu Singh and mother Prabha Sinha and they tried to dissuade the applicant to indulge in such activity, the applicant abused and assaulted the victim's brother.

4. Learned counsel for the State opposes the bail application.

5. Considering the fact that the applicant is in jail since 26.12.2019 and the trial may take some time due to the situation created on account of COVID-19 pandemic, I am of the opinion that present is a fit case to release the applicant on regular bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

7. However, the applicant shall not repeat the alleged activity in respect of the present victim or with any other girl or woman during the period of the trial. If such incident recurs during the

period of the trial and the matter is reported to the trial Court, the present bail shall stand cancelled forthwith and the trial Court would be entitled to direct his arrest and take him into custody.

8. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna