Kamlesh Verma v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6296 of 2015

1. Kamlesh Verma, S/o. Rewa Ram Verma, aged about 24 years, R/o. Village Devri, P.S. Khairagarh, District - Rajnandgaon (C.G.) ----Applicant

Versus

1. State Of Chhattisgarh, Through : the Police Station - Khairagarh, District Rajnandgaon (C.G.) ---- Respondent For Applicant : Mr. Abhisek Pandey, Advocate For Respondent/State : Mr. Ashish Shukla, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 24/11/2015 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.305/2015, registered at Police Station - Khairagarh, District - Rajnandgaon (C.G.) for the offence punishable under Section 354-A, 506 of I.P.C. & Section 8 of Protection of Children from Sexual Offences Act, 2012. 2.

Case of the prosecution, in brief, is that on 06.09.2015, at about 7 pm, the present applicant took a girl aged about 10 years at lonely place and kissed on her cheek and also pressed her neck. The incident was narrated by the child to her parents, therefore, the case was registered.

3.

Learned counsel for the applicant would submit that the applicant has bee falsely implicated in this case. He would further submit that the FIR is delayed and the charge sheet has been filed. He would further

Page No.2 submit that the applicant is in jail since 11.09.2015, therefore, he prays that the applicant may be enlarged on bail.

4.

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

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Having regard to the fact that the nature of the allegation levelled against the applicant and further taking into the fact that the charge sheet has been filed and considering the pretrial detention of the applicant, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 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.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram