Ram Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1587 of 2018 • Ram Singh S/o Jaynandan Aged About 20 Years R/o Village- Maheshpur, Kasaidih, Police Station- Sitapur, District- Surguja, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through- Station House Officer, Police Station- Sitapur, District- Surguja, Chhattisgarh.

---- Non-applicant For Applicant :

Shri Rahul K. Mishra, Advocate.

For Non-Applicant/State :

Shri Lav Sharma, Penal Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 16.04.2018 1.

This is an application filed under Section 439 Cr.P.C. for grant of bail to the Applicant, who has been arrested in connection with Crime No.235/2017, registered at Police Station - Sitapur, District Surguja (C.G.), for the offence punishable under Sections 363, 366-A, 115, 376, 506, 34 of IPC and Section 3(A), 4, 17 of Protection of Children from Sexual Offences Act, 2012. 2.

The present Applicant is in jail since 30.11.2017 in connection with the aforesaid crime number.

3.

The allegation against the present Applicant is that he takes the prosecutrix to the different places on a motorcycle and where the main accused have made physical relationship with the prosecutrix aged about 17 years 8 months.

4.

The learned counsel for the Applicant submits that there is no allegation against the present Applicant in respect of the offence in which he has been charged. Only allegation is that he provided lift on his motorcycle to the main

accused Harish Singh and took the prosecutrix from one place to another. This aspect has not been disputed by the State counsel. 5.

Given the aforesaid facts and circumstances of the case, this Court is of the opinion that the prima facie a strong case has been made out for grant of bail to the Applicant. Accordingly, the present application for grant of bail is allowed.

6.

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 before the said Court as and when directed.

Sd/- (P. Sam Koshy) JUDGE Brijmohan/Vaishali