High Court Of ChhattisgarhMCRC/1405/2021allowed

Kamlesh Kumar v. State Of Chhattisgarh

2021-05-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1405 of 2021 Kamlesh Kumar S/o Pilen Satnami Aged About 21 Years R/o Village Nawagaon, Police Station And Tahsil Nawagarh, District Bemetara , District : Bemetara, Chhattisgarh --- Applicant

Versus

State of Chhattisgarh through Station House Officer, Police of Police Station Bemetara, District : Bemetara, Chhattisgarh --- Respondent For the applicant : Mr. Yogesh Kumar Chandra, Advocate.

For the Respondent : Ms. Akanksha Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .05.2021

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.43/2021 registered at Police Station Bemetara (C.G) for the offences punishable under Sections 354 & 506 of IPC and Section 8 of the Protection of Children from Sexual Offences Act.

2. As per the prosecution case, on 13.01.2021, when the victim girl went to meet him behind the residential house, the applicant caught hold of her and tried to outrage the modesty and thereafter he put vermilion on her forehead and committed the offence.

3. Learned counsel for the applicant submits that the charge sheet has been filed in this case and no further investigation is necessary. He further submits that the applicant is in jail since 08.02.2021 and he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. After considering the statement of victim u/s 164 Cr.P.C., she appears to have been aged about 16 years and 2 months and she herself went to meet the accused. Taking into consideration the statement of victim as also the fact that the charge sheet has been filed and the applicant is in jail since 08.02.2021, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed.

7. Consequently I.A.No.1/201 for urgent hearing and I.A.No.2/2021 for hearing the case during summer vacation stand disposed off.

C.c.

as per rules.

Sd/- GOUTAM BHADURI VACATION JUDGE Rao