High Court Of ChhattisgarhMCRC/1936/2016allowed

Parmeshwar @ Jitendra Nagaesh And ANR. v. State Of Chhattisgarh

2016-04-11Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1936 of 2016

1. Parmeshwar @ Jitendra Nagaesh, S/o Late Johan Ram Nagesh, Caste Ganda, aged about 20 years, R/o Village Baggoda, Post Office & Police Station Deobhog, District Gariyaband (C.G.)

2. Narendra Nagesh, S/o Mohan Lal Nagesh, Caste Ganda, aged about 20 years, R/o Village Kosamkani, Post Office & Police Station Deobhog, District Gariyaband (C.G.) ---- Applicants

Versus

State of Chhattisgarh, through the Station House Officer, Police Station Deobhog, District Gariyaband (C.G.) ---- Non-applicant For Applicants:

Mr. Shivendu Pandya, Advocate.

For Non-applicant:

Mr. Suvigya Awasthi, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 11/04/2016

1. The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing them on regular bail during trial in connection with Crime No.29/2016, registered at Police Station Deobhog, District Gariyaband, for the offence punishable under Sections 354 read with Section 34 of the IPC and 8 of the Protection of Children from Sexual Offences Act, 2012.

2. Case of the prosecution, in brief, is that the applicants have outraged the modesty of minor victim and thereby committed the offence.

3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in the offence in question. The applicants are in jail since 4-2-2016 and

charge-sheet has been filed.

4. On the other hand, learned State counsel opposes the application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the applicants and their pretrial detention, I am of the view that it is a fit case to grant regular bail to the applicants. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned Court for their appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma