High Court Of ChhattisgarhMCRC/4828/2016allowed

Ramesh Yadav v. State Of Chhattisgarh

2016-08-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4828 of 2016 • Ramesh Yadav S/o Fagua Ram Yadav Aged About 45 Years R/o Chikhali, Near School, Chikhali, Police Station Pulgaon Jevra Sirsa Chauki, Tehsil & District Durg Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through The Police Station - Pulgaon District - Durg Chhattisgarh --- Respondent For the applicant :

Mr. Shaleen Singh Baghel, Advocate For the Respondent :

Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 23.08.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.182/2016 registered at P.S. Pulgaon, Distt. Durg (C.G) for the offence punishable under Section 354 of IPC & Section 8 of the Protection of Children from Sexual Offences Act.

2. As per the prosecution case, a report was made by one Komal Singh that on 08.04.2016 his daughter who is a minor girl was sleeping on a cot and he was sleeping on the floor near the cot and at that time, the applicant came there and slept below the cot and caught hold of the hand of the victim and made obscene gestures to the victim thereby the offence is committed.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case; charge sheet has been filed and no further investigation is necessary, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and other documents.

6. Considering the nature of offence and the degree of allegations levelled against the applicant as also the fact that the charge sheet has been filed and the applicant is in jail since 09.04.2017, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o