Akash Satnami & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1340 of 2019

1. Akash Satnami, S/o Shri Prahlad, aged about 28 years, By Caste Satnami.

2. Ravi, S/o Shri Punam Satnami, aged about 28 years.

3. Sonu, S/o Teejuram Satnami, aged about 22 years. All are resident of Salhewarpara, Dhamtari, Thana, Tahsil and District Dhamtari (CG). ---- Applicants

Versus

State of Chhattisgarh, through Station House Officer, Police Station City Kotwali, Dhamtari, Civil & Revenue District Dhamtari (CG). ---- Non-applicant For Applicants :

Mr. Sumit Shrivastava, Advocate.

For Non-applicant :

Mr. Vikram Dixit, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.03.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with Crime No.49/2019 registered at Police Station City Kotwali, Dhamtari for the offence punishable under Sections 354-B, 294, 323, 506/34 of Indian Penal Code & Sections 8 & 12 of Protection of Children from Sexual Offences Act.

3.

Case of the prosecution, in brief is that on 27.01.2019 the prosecutrix was aged about 17 years. She is a resident of village Kosthapara, Dhamtari. On 27.01.2019 at about 9:45 p.m., the applicants had pulled her scarf and they abused her. Applicant Sonu pressed her throat. Applicant Akash Satnami had given threatening to her that if she will lodged the report then he shall spoil her life.

4.

Counsel for the applicants submits that the applicants have not committed any offences. They are innocent and have been falsely implicated in the present case, therefore, they may be released on bail. 5.

On the other hand, counsel for the State opposes the bail application, however, he submits that no criminal antecedent is reported against the applicants in police case diary.

6.

Looking to the above mentioned facts and circumstances of the case, the bail application of the applicants is allowed. It is ordered that if the applicants furnish two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs.50,000/- each to the satisfaction of the concerned Trial Court with the condition that they shall appear before the Trial Court at 11:00 am as and when directed till trial and they would co-operate during the trial, they shall be released on bail and they shall not involve any such type of crime in future.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-