Santosh Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. CRIMINAL CASE NO. 6299 OF 2017 Santosh Sahu, S/o Late Shyamlal Sahu, aged about 45 years, R/o Mahamaya Para, Arang, P.S. Arang, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh, through Police Station- Arang, District Raipur (C.G.) ... Respondent For Applicant :

Mr. C.R. Sahu, Advocate.

For Respondent-State :

Ms. M. Asha, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 28/11/2017 1.

The present is an application filed under Section 439 of CrPC seeking for grant of bail to the Applicant who is in jail since 27.8.2017 in connection with Crime No.371/2017 registered at Police Station- Arang, District Raipur, for the offence punishable under Section 354 of IPC and Section 8 of the POCSO Act, 2012.

2.

Allegation against the Applicant as per the prosecution is that on 13.8.2017 he is said to have tried to outrage the modesty of the victim, an eight year old minor girl.

3.

Learned Counsel for the Applicant submits that it is a case of false implication as there was some money dispute between the Applicant and the father of the victim as the Applicant was a professional cook, who had done some work for the father of the victim and there was some money which was to be claimed and when the money was claimed he has been falsely implicated in the instant case, and thus prayed for the release of the Applicant on bail.

-24.

Learned Counsel for the State however opposing the bail application submits that there is no such material available in the case diary and that the victim in the instant case is an eight year old minor girl who has made direct allegation against the Applicant of trying to outrage her modesty and thus prayed for the rejection of the bail application. 5.

Considering the entire facts and circumstances of the case particularly the age of the victim, this Court is of the opinion that prima facie no strong case is made out for grant of bail to the Applicant. 6.

The application for grant of bail stands accordingly dismissed. Sd/- (P. Sam Koshy) /sharad/ Judge