Bhisham Das Mahant v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1477 of 2018 • Bhisham Das Mahant S/o Shri Amrit Das Mahant Aged About 20 Years R/o- Darripar, Purani Basti Kharsia, P.S. And Tahsil- Kharsia, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through- Station House Officer, Police Station Kharsia, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondent For Applicant :
Shri Abhishek Saraf,Advocate For Respondent/State :
Shri Vaibhav Goverdhan, P.L.
Hon'ble Shri Justice Pritinker Diwaker Order On Board 13/04/2018 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.52/2018 registered at police station Kharsia District Raigarh (CG) for the offence punishable under Section 354,354(D) and 506 IPC & Section 8 & 12 of the Protection of Children from Sexual Offences Act .
As per prosecution case on 27.01.18, applicant followed the prosecutrix aged about 17 years when she was going to her home from the shop and tried to outrage her modesty.
Counsel for the applicant submits that the investigation has been completed and the charge sheet has already been filed. He submits that the applicant is a young boy aged 20 years and it appears that out of
anxiety he might have committed the offence.
On the other hand, learned counsel for the State opposes the bail application.
Considering the totality of the facts and circumstances of the case, in particular the nature of allegations against the applicant, the fact that the investigation has been completed and the charge sheet has been filed, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond of Rs. 2,00,000/- with one surety in the like sum to the satisfaction of the concerned Magistrate for his appearance before it as and when directed, he shall be released on bail.
Sd/- (Pritinker Diwaker) Judge suguna