Dhanilal Ekka v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6147 of 2017 Dhanilal Ekka S/o Biru Ekka Aged About 21 Years R/o Village Bhawarmal Urownpara, P.S. Ramanujganj, District Balrampur Ramanujganj, Present Address Bairdih, Navapara, P.S. Chando, District Balrampur Ramanujganj Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Chando, District Balrampur Ramanujganj, Chhattisgarh.

---- Respondent Shri A.K.Yadav, counsel for the applicant/s.

Shri Chandresh Shrivastava, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/11/2017 Heard.

The applicant has been arrested in connection with Crime No.16/2017 registered at Police Station - Chando, Balrampur, Ramanujganj (CG) for alleged commission of offences under Section 354, 506, 342, 363, 365 of IPC under Section 8 of the Protection of Children from Sexual Offences Act, 2012. 2.

Case of the prosecution is that the applicant caught hold of the prosecutrix with an intention to outrage her modesty and it is stated that the girl was minor in age.

3.

Learned counsel for the applicant submits that the allegations against the applicant are false and exaggerated and he has not committed any such act. It is submitted that investigation is complete, charge sheet has been filed and the applicant is in jail since 04/07/2017, therefore, the applicant may be granted bail. 4.

On the other hand, learned State counsel opposes bail application and

submits that the applicant, in the name of providing stitched clothes, called the prosecutrix inside the shop and caught hold of her hand with an intention to outrage her modesty. Therefore, prima facie case is made out. 5.

Taking into consideration the submission of learned counsel for the parties, the applicant is in jail since 04/07/2017, investigation is complete, charge sheet has been filed and the applicant is not likely to abscond or tamper with the prosecution witnesses, I am inclined to grant bail to the applicant. 6.

Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- along with two local sureties for 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 from appearance.

Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti