Santosh Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1681 of 2019 Santosh Netam S/o Let Ashok Netam Aged About 24 Years R/o Village Aunsar, Police Station Ranitarai, District Durg Chhattisgarh., District : Durg, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Of Police Station - Ranitarai, District Durg Chhttisgarh., District : Durg, Chhattisgarh. ---- Respondent For the Applicant :

Shri Tarun Dansena, Advocate For the State :

Ms. M. Asha, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /03/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.140/2018 registered at Police Station Ranitarai, District Durg (C.G.) for the offence punishable under Sections 458, 354, 506, 324 of IPC and Section 8 of POCSO Act.

3. Case of the prosecution, in brief is that on 25/11/2018 both prosecutrix were sleeping in the house of one prosecutrix in the night at Village Aunsar. Applicant entered in the house and used criminal force to outrage the modesty of one prosecutrix. When another prosecutrix intervened, applicant caused injury on body of both prosecutrix.

4. As per the MLC report of both prosecutrix injuries were simple in nature.

5. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

6. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

7. Looking to the 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 each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde