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High Court Of ChhattisgarhMCRC/5550/2016allowed

Vikas Singare @ Vikki v. State Government Of Chhattisgarh

2016-09-19Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5550 of 2016 Vikas Singare @ Vikki, S/o. Kishan Singare, Aged About 19 Years, R/o. Jawaharnagar, Ambedkar Awas, Ward No.18, Durg, Police Station Mohannagar Durg, Tahsil & District Durg, Chhattisgarh. ---- Applicant

Versus

State Government Of Chhattisgarh, Through the Officer-in-Charge, Police Stataion Kotwali, Rajnandgaon, District Rajnandgaon, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. N.K.Chatterjee, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 19.09.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.411/2016 registered at Police Station- Kotwali Rajnandgaon, District Rajnandgaon (C.G.) for the offence punishable under Section 354, 456 of Indian Penal Code and Section 8 of Laungik Apradhon Se Balkon Ka Sanrakchhan Adhiniyam, 2012.

2.

As per the prosecution case, on 12.06.2016 the victim while was studying asleep, at that time, the applicant came inside the room and started touching the victim and tried to take out her garments and when she raised alarm, the family members got up and the applicant was caught hold and he was arrested. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and since the family member of the victim belongs to police officer, therefore, false allegations have been leveled. He further submits that the charge sheet has been

filed in this case and no further investigation is required, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the statement. Considering facts and circumstances of the case, statement of the victim, degree of allegation leveled against the applicant, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

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 trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok