Kamlochan Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2689 of 2020 • Kamlochan Baghel S/o Daniyal Baghel Aged About 22 Years Caste Mahara, R/o Sanjay Gandhi Ward, Jagdalpur, District Bastar, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Bodhghat, District Bastar, Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Vikash A. Shrivastava, Advocate.

For Respondent/State :

Mr. Vimlesh Bajpai, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 26.05.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 66/2020 registered at Police Station : Bodhghat, District Bastar (C.G.) for the offence punishable under Sections 354, 452, 34, 457 of the I.P.C. and Section and Section 8/17 of POCSO Act.

2. The prosecution story in brief is that on 21.02.2020, when prosecutrix was alone in her house, present applicant went her house and told her that co-accused Kamesh want to talk to her, at that time co-accused came there and tried to outrage her modesty. On the basis of the complaint, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question because he was not involved in any such incident. He further submits that he did nothing wrong or misbehaved with the prosecutrix. The applicant is in jail since 22.02.2020 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

4. On the other hand, State counsel opposes the bail application.

5. I have heard learned counsel for the parties and perused the record.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and age of the prosecutrix, as applicant is in jail since 22.02.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

8. It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of in Re : Contagion

of COVID 19 Virus in Prisons (Suo Moto Writ Petition (c) No. 1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks from today.

9. Certified copy, as per rule.

Sd/- (Rajani Dubey) Judge Vijay Sahu