High Court Of ChhattisgarhMCRC/1662/2020allowed

Mohammad Ikram v. State Of Chhattisgarh

2020-06-02Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1662 of 2020 • Mohammad Ikram S/o Mohammad Ismail Aged About 23 Years R/o Vinoba Nagar, Pathak Gali, Police Station Tarbahar, District Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Tarbahar, District Bilaspur, Chhattisgarh ---- Non-applicant For Applicant : Mr. Rajnish Singh Baghel, Advocate.

For Non-applicant/State : Mr. Sudeep Verma, Dy.G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 02-06-2020

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 06.02.2020 in connection with Crime No.36/2020, registered at Police StationTarbahar, District- Bilaspur, C.G. for offence punishable under Section 354 of I.P.C. and Section 8 of POCSO Act, 2012.

2. It is submitted by learned counsel for the applicant that the applicant is in jail since 06.02.2020 and has been falsely implicated in this case. Charge-sheet has been filed, therefore, it is prayed that the applicant may be granted bail.

3. Learned counsel for the State/non-applicant formally opposes the application.

-24. Heard learned counsel for the parties and perused the case diary.

5. According to prosecution case, this applicant on pretext of having a walk with the minor victim of age about 13 years, by use of physical force, outraged her modesty.

6. Considering that the charge-sheet has been filed and the case is now pending for trial and the applicant is in jail since about 5 months. Therefore, I feel inclined to allow this application.

7. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall 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.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika