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High Court Of ChhattisgarhMCRC/5222/2016allowed

Ashok Kumar Mandavi v. State Of Chhattisgarh

2016-09-06Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5222 of 2016 Ashok Kumar Mandavi S/o Nawlal Mandavi Aged About 19 Years, R/o Village Taraideba Mohali (Bhandarsivani) P.S. Farasgaon, Civil & Revenue District Kondagaon, Chhattisgarh. (Father Name is wrongly mentioned as Nawal as well as Order Impugned And Challan) ---- Applicant

Versus

State Of Chhattisgarh, Through The Police Station Keshkal District Kondagoan, Chhattisgarh.

---- Respondent For applicant - Shri P.K. Tulsiyan, Advocate. For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 6/09/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.88/2016 registered in Police Station Keshkal District Kondagaon (C.G.) for offence punishable under sections 354, 354(A)(D)(1), 341 of IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

2.

As per the prosecution case, the victim/girl on 24/06/2016 after coming back from the school, she went to her friends house for bringing copy, while she was returning back, at that time the applicant came in the motorcycle, offered her lift, thereafter caught hold of her hand, gave a kiss and tried to give gift, at at time father of the victim came and applicant fled away.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case, charge sheet has been filed, no further investigation is necessary, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case, degree of allegation, charge sheet has been filed, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri