Aman Banjare v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6092 of 2017 • Aman Banjare S/o Chaman Lal Banjare, Aged About 20 Years, R/o Gram Bhansoj, P. S. Arang, District Raipur Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through P. S. Arang, District Raipur Chhattisgarh. ---- Non-applicant For Applicant - Shri Pragalbha Sharma, Advocate. For Non-applicant/State - Shri Wasim Miyan, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-11-2017 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicant for grant of regular bail. The applicant has been arrested on 03-09-2017 in connection with Crime No.375/2017 registered at P.S. Arang, District Raipur, C.G. for the offence under Section 354, 506 of the IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012.

2.

It is submitted on behalf of the applicant that the applicant is 20 years of age and he is a student. He has been falsely implicated in this case. Hence, it is prayed that the applicant may be enlarged on bail. 3.

Learned counsel for the State/non-applicant opposes the application and submission made in this respect. It is submitted that the complainant has given categorical statement against the applicant about commission of the offence by him. Hence, the applicant is not entitled for grant of bail. 4.

Heard learned counsel for both the parties and perused the case diary. 5.

The victim in this case is 17 years old, when she was on her way to school, the applicant caught hold her hand and thus tried to outrage her

-2modesty. Thereafter, the applicant has also threatened the victim for her life, on account of which the offence were registered, the matter was investigated and charge sheet has been filed in this case.

6.

Considering rival submissions and the contents of the case diary, looking to the age of the applicant and that the trial is likely to take some time before its conclusion, I am of the this view that the this is a fit case where the applicant should be enlarged on bail.

7.

Consequently, the application (MCRC No.6092/2017) filed under Section 439 of the Cr.P.C. by the applicant is hereby allowed. 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 as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil