Jamuna Prasad Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.1931 of 2017 • Jamuna Prasad Verma S/o Jai Prakash Verma, Aged About 30 Years R/o Jamthan, Police Station Janakkpur, District- Koriya, Chhattisgarh. Mo. No. 8225847131 ---- Petitioner

Versus

• State Of Chhattisgarh Through : Station House Officer Police StationJanakpur, District- Koriya, Chhattisgarh. ---- Respondent For Petitioner :

Shri CJK Rao, Advocate For Respondent/State :

Shri Dhiraj Wankhede, GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/04/2017 Heard.

2.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.07/2017 registered at Police Station Janakpur, District Korea for the offence punishable under Section 354, 354(A) of IPC and Section 8 & 10 of the Protection of Children from Sexual Offences Act, 2012. The applicant has been arrested on 08-01-2017.

3.

Case of the prosecution is that the applicant outraged the modesty of the prosecutrix by touching her.

4.

Learned counsel for applicant submits that in the present case, investigation is complete and charge sheet has been filed and the allegations against the applicant are exaggerated. He submits that the applicant is not likely to abscond or tamper with the prosecution witnesses. 5.

On the other hand, learned State counsel opposed the prayer for grant of bail on the submission that looking to the nature of overt act alleged to have

been committed by the applicant and also that there is one more criminal case registered under Section 498-A of IPC against the applicant, therefore, he is not entitled to bail.

6.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the overt act alleged to have been committed by the applicant and the fact that the investigation is complete and charge sheet has been filed and that the applicant is in jail since 08-01-2017 and further that there is no material to show that in the event of grant of bail, the applicant is likely to abscond or tamper with the prosecution witnesses, the application is allowed.

7.

It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.20,000/- along with one local surety of the like amount to the satisfaction of the trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted.

SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane