Muniram @ Dileshwar Chandrakar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1803 of 2018 • Muniram @ Dileshwar Chandrakar S/o S/o Shri Nathuram Chandrakar Aged About 20 Years R/o Village Bundeli, Thana Mungeli, Civil, Revenue District Mungeli, Chhattisgarh, District : Mungeli, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Mungeli, Civil & Revenue District Mungeli, Chhattisgarh, District : Mungeli, Chhattisgarh ---- Non-applicant For Applicant - Shri Sunil Sahu, Advocate.

For Non-applicant/State - Shri Ashok Swarnkar, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15-05-2018 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 12-01-2018 in connection with Crime No.23/2018 registered at Police Station Mungeli, District Mungeli, Chhattisgarh for the offence under Section 354, 506/34 of the IPC and Section 8 of Protection of Children from Sexual Offences Act 2012 and Section 67(A) of the Information Technology Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 12-01-2018. Charge sheet has been filed after completion of the investigation. The applicant is ready to abide by all the conditions to be imposed on grant of bail. Hence, it is prayed that the applicant may be granted regular bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

According to the prosecution case, on the date of incident when the

-2victim had been to fields to stand guard for the crops, this applicant came on the spot and he by putting the victim under threat snapped a photograph of her with him on his mobile phone. Later on, it is alleged that this applicant has posted that photograph in the whatsapp social media and that photo has become viral. Hence, the FIR was lodged.

6.

Considered on the entire material present in the case diary. As the charge sheet is now before the trial Court and trial against the applicant is likely to take some time before its conclusion, I am of this view that this applicant should be released on regular bail during pendency of the trial against him.

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 Aadil