High Court Of ChhattisgarhMCRC/2315/2015allowed

Shiv Lal Chouhan v. State Of Chhattisgarh

2015-07-08Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2315 of 2015 Shiv Lal Chouhan, S/o Shri Sohan Ram, aged about 22 years, Caste Gada, R/o Village Katangtarai, Police Station Pathalgaon, Civil and Revenue District Jashpur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through the Station House Officer, Police Station Pathalgaon, Civil and Revenue District Jashpur (C.G.) ---- Non-applicant For Applicant:

Mr. Udhaw Sharma, Advocate.

For Non-applicant:

Mr. S.R.J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/07/2015

1. Heard.

2. 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.26/2015, registered at Police Station Pathalgaon, Distt. Jashpur for the offence punishable under Sections 354, 354A of the IPC, 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

3. This is the second bail application filed on behalf of the applicant for grant of regular bail. First bail application has been dismissed as withdrawn with liberty to file after the charge-sheet is filed.

4. Case of the prosecution, in brief, is that the applicant is alleged to have outraged the modesty of a girl, aged about 12 years, and sexually harassed her on 16-2-2015.

5. Learned counsel for the applicant would submit that the applicant has not committed any offence and has been falsely implicated in the crime. Charge-

sheet has been filed on 13-4-2015 and the applicant is in jail since 19-22015. No custodial interrogation of the applicant is required.

6. On the other hand, learned State counsel would oppose the application.

7. Taking into consideration the nature and gravity of offence, the fact that charge-sheet has been filed, no custodial interrogation of the applicant is required and the applicant is in jail since 19-2-2015, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

8. It is, therefore, directed that the applicant 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 Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma