High Court Of ChhattisgarhMCRC/4831/2015allowed

Mishra Urano v. State Of Chhattisgarh

2015-09-14Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

3 1 of 2015 • Mishra Urano, S/o Dilsai Urano, aged about 25 years, occupation - labour, R/o village - Tengapara Sur, P.S. & Tah. Sitapur, District Surguja (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through: Police Station Sitapur, Distt. Surguja (C.G.) ---- Non-applicant For Applicant:

:Mr. Vineet Kumar Pandey, Advocate.

For Non-applicant :Mr. Qamrul Aziz, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 9 /2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 46/2015 registered at Police Station Sitapur, Distt. Surguja for the offences punishable under Sections 354 & 456 of the Indian Penal Code and Sections 7 & 8 of Protection of Children from Sexual Offence Act, 2012.

(2) Case of the prosecution, in brief, is that on 25.02.2015 applicant entered into house of the minor prosecutrix and

outraged her modesty and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that the applicant is in jail since 03.08.2015 and the charge sheet has already been filed and, therefore, the applicant 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 role of the present applicant in the crime in question and the facts that applicant is in jail since 03.08.2015; and the charge sheet has already been filed; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) Accused/applicant is directed to be released on bail on his 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. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

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