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High Court Of ChhattisgarhMCRC/1382/2019allowed

Vikram Singh Tanwar @ Bikku v. State Of Chhattisgarh

2019-03-19Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1382 of 2019 • Vikram Singh Tanwar @ Bikku S/o Chandra Shekhar Singh Tanwar Aged About 25 Years R/o Pachara Takur Mohalla, Thana Bango, District Korba Chhattisgarh Present Address Lata, Thana Darri District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Balco Korba District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Non-applicant For Applicant : Mr. Vikash Pandey, Advocate.

For Non-applicant : Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 19.03.2019 1.

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

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 39/2019 registered at Police Station - Balco Korba District Korba (C.G.) for the offence punishable under Sections 451, 354, 323 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

3. Case of the prosecution, in brief is that prosecutrix is 17 years old. She is resident of village Sonpuri Ward, Balco Nagar. On 02.02.2019 at about 5 pm she was coming out from toilet, applicant entered in the toilet and used criminal force on her to outrage her modesty.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant. 6.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore