Parmeshwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2613 of 2020 Parmeshwar S/o Keshavram Pisda Aged About 22 Years R/o- Village Bagapar Kumhari, P.S. Khadgaon, District Rajnandgaon, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Khadgaon, DistrictRajnandgaon, Chhattisgarh ---- Respondent For the Applicant :

Shri S.S. Baghel, Advocate.

For the Respondent/State :

Shri Sameer Sharma, Dy. G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

14.05.2020 The default pointed out by the Registry is waived. 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.15 of 2020, registered at Police Station - Khadgaon, District - Rajnandgaon, Chhattisgarh for the offence punishable under Sections 457, 354 and 323 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012. 2.

Learned counsel for the applicant submits that the applicant is in jail since about three months and has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. Hence, it is prayed that the applicant be enlarged on bail. 3.

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

application and the submissions made in this respect. It is submitted that the allegation against the applicant is of serious nature. Hence, the applicant is not entitled for grant of bail.

4.

Heard counsel for both the parties and perused the case diary. 5.

According to the prosecution case, this applicant committed house trespass in the girls hostel and then outraged the modesty of the minor victim. Hence, this case.

6.

Considering the fact that the applicant has remained in jail since about three months and in the present situation, the trial against the applicant is pending before the concerned Court which is likely to take some time for its conclusion, hence, I feel inclined to grant bail to the applicant in this case. 7.

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

8.

It is directed that 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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi