Ishwar Dhruw v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1349 of 2018 • Ishwar Dhruw S/o Late Kesho Ram Dhruw Aged About 27 Years R/o.- Village- Banshudha Patti No.01, Police Station- Tumgaon, Tahsil And District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station Hosue Officer, Police StationTumgaon, District- Mahasamund, Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Vikash Pradhan, Advocate.

For Respondent/State :

Mr. Vinod Tekam, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 18/04/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.16/2018, registered at Police Station- Tumgaon, District - Mahasamund (C.G.) for the offence punishable under Sections 354-A 1 (1) (4), 354-D 1(1) 2, 506 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

2. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. Applicant is in jail since 28.1.2018. After completion of investigation, charge-sheet has been filed. No case is made out against the applicant. Hence, it is prayed that he may be

Page No.2 released on bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. According to prosecution case, the minor victim in this case was teased by this applicant on number of occasions by using obscene words, staring & ogling. On protest being made, this applicant had threatened the victim for life. Hence, FIR has been lodged against him.

6. Taking into consideration the facts and circumstances of the case and that the trial pending against the applicant would take some time for its disposal, I am of this view that this is a fit case where applicant should be released on regular bail during the pendency of the trial against him.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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.

Sd/- (Rajendra Chandra Singh Samant) Nisha Judge