Vijay Kumar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7081 of 2016 • Vijay Kumar S/o Baliram Aged About 22 Years Caste Kewat, R/o Dedkohka, Police Station Charama, District Kanker, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Gurur, District Balod, Chhattisgarh.

---- Respondent For Applicant :

Mr. B. P. Singh, Advocate For Respondent/State :

Mr. Manish Nigam, Panel Lawyer S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/11/2016 Heard.

1.

The applicant has been arrested on 17.08.2016 in connection with Crime No.592 of 2016, registered in Police Station- Gurur, District- Balod (C.G.) for the alleged commission of offence under Sections 341, 354(B) and 506 of the IPC and Section 7, 8 of the Protection of Children from Sexual Offences Act, 2012 and Sections 3(1) B, (i) 3(2) V (A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 2.

Case of the prosecution, in brief, is that while the prosecutrix was returning from school, the applicant caught hold of her by her wrist and attempt to drag her to take to some different place. According to the prosecution, applicant by catching out her wrist tried to outrage her modesty.

3.

Learned counsel for the applicant submits that the allegations are exaggerated and a false case has been made against the him. It is also submitted that investigation is complete and charge-sheet has been filed, therefore, the applicant may be released on bail.

-24.

On the other hand, learned counsel for the State opposes the bail application.

5.

Taking into consideration the submission, totality of the circumstances, nature of allegation and the extent of overt act of the applicant and also taking into consideration that the investigation is complete and chargesheet has been filed, the application is allowed. 6.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall 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/- (Manindra Mohan Shrivastava) Judge Chandra