Shiv Kumar @ Shivcharan Markam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1424 of 2018 Shiv Kumar @ Shivcharan Markam S/o Bharatram Markam Aged About 21 Years R/o- Village- Lakshmanpur, Bhatapara, Chhuikhadan, Post Office And Police Station- Chhuikhadan, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- The Station House Officer, Police StationChhuikhadan, District-Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh.

---- Respondent For the Applicant :

Shri Shivendu Pandya, Advocate.

For the Respondent/State :

Shri Anil S. Pandey, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

19.04.2018 Heard.

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.257 of 2017, registered at Police Station - Chhuikhadan, District - Rajnandgaon, Chhattisgarh for the offence punishable under Sections 354 and 456 of the Indian Penal Code and Sections 7, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

2.

Learned counsel for the applicant submits that the applicant is in jail since 16.10.2017 and has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. No case is made out against the applicant on the basis of the material placed before the

Court by the prosecution. The trial of the case is likely to take sometime for its conclusion. Hence, it is prayed that the applicant be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

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

According to the prosecution case, on the date of incident this applicant committed lurking house trespass in the house of the victim who was a minor girl and outraged her modesty by touching her body parts and pulling her hand. Hence, this case.

6.

After due consideration, I am of this view that the trial against the applicant is likely to take some time for its final disposal and the fact that the applicant has no criminal antecedents, this application deserves to be allowed.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that 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 trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi