Shekhar Chandrawanshi v. State Of Chhattisgarh

NAFR HIGH C OURT OF CHHATTISGARH, BILASPUR MCRC No. 1164 of 2019 • Shekhar Chandrawanshi S/o Shri Rameshar Chandrawanshi Aged About 26 Years R/o Kanhabhaira, Police Station Pipariya, District - Kabeerdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Pipariya, District - Kabeerdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ---- Non-applicant For Applicant : Shri P.K. Patel, Advocate.

For Non-applicant : Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 27.02.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 34/2019 registered at Police Station- Pipariya, District - Kabeerdham (C.G.) for the offence punishable under Sections 451, 354 of the Indian Penal Code and Section 8 of the POCSO Act.

3. Case of the prosecution, in brief is that prosecutrix is about 17 years old. She is resident of village Kanhabhaira. On 1.02.2019 at about 10:30 am applicant had reached in the house of the Prosecutrix and caught hold of her hand to outrage her modesty.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant. 6.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore