High Court Of ChhattisgarhMCRC/3211/2015allowed

Mahendra Kumar And ANR. v. State Of Chhattisgarh

2015-07-13Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3211 of 2015

1. Mahendra Kumar S/o Jaggu Ram Aged About 28 years R/o Village- Karhibhadar, P.S. Balod, District- Balod (Chhattisgarh)

2. Chitrakant S/o Gangagir Aged About 30 Years R/o VillageKarhibhadar, P.S. Balod, District- Balod (Chhattisgarh) ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Balod, District- Balod (Chhattisgarh) ---- Respondent For Applicant:

Shri B.P. Singh, Advocate.

For Respondent/State:

Shri Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 13/07/2015 Heard.

(1) The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.226/2015 registered at Police Station - Balod, District Balod for the offences punishable under Sections 354, 354(a) of Indian Penal Code and Sections 7 & 8 of Protection of Children From Sexual Offence Act. (2) Case of the prosecution, in brief, is that applicants are alleged to have outraged the modesty of the complainant; and also sexually assaulted her on 19.5.2015 and, thereby, committed the aforesaid

offences.

(3) Counsel for the applicants submits that applicants have falsely been implicated in the offence in question as they have not committed any offence. He further submits that applicants are languishing in jail since 20.5.2015; and the charge sheet has already been filed and, therefore, the applicants may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case, further considering the facts applicants are in jail since 20.05.2015; and the charge sheet has already been filed; this court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed.

(6) Accused/applicants are directed to be released on bail on each of them executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-