Shiv Kumar Nag v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2337 of 2016 Shiv Kumar Nag, S/o Pilasu Ram Nag, aged about 25 years, R/o Village Lenda, P.S. Darbha, Revenue and Civil District Bastar (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through the Police Station Darbha, District Bastar (C.G.) ---- Non-applicant For Applicant:

Mr. Pravin Kumar Tulsyan, Advocate.

For Non-applicant:

Mr. U.N.S. Deo, Govt. Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 19/05/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.25/2016, registered at Police Station Darbha, Distt. Bastar, for the offence punishable under Sections 323, 341 and 354 of the IPC.

2. Case of the prosecution, in brief, is that the applicant has allegedly molested the prosecutrix when she was returning on a bicycle on the date of incident.

3. The prosecutrix being 19 years of age, offence has not been registered under the Protection of Children from Sexual Offences Act, 2012.

4. The offences are triable by Judicial Magistrate First Class. The applicant is in jail since 2-4-2016 i.e. for more than 11⁄2 months. The Station House Officer has not reported any previous antecedents of the applicant's involvement in any other crime.

5. Considering the entirety of the circumstances, this Court is inclined to grant bail to the applicant. Accordingly, the bail application is allowed.

6. It is directed that in the event of applicant's executing a personal

bond for a sum of Rs.25,000/- with two sureties for the like amount to the satisfaction of the trial Court concerned, he shall be released on bail. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Vacation Judge (Prashant Kumar Mishra) Soma