Suresh Kumar Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.3455 of 2021 • Suresh Kumar Sahu S/o Late Ramswaroop Sahu Aged About 24 Years R/o Village Parsapara, Manja, Police Station Ramanujnagar, District Surajpur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Charcha, District Koriya Chhattisgarh ---- Non-applicant For Applicant : Mr. Pushkar Sinha, Advocate.

For Non-applicant/State : Mr. Alok Nigam, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15-07-2021Sd/-

1. Heard on the application filed under Section 439 of the Cr.P.C. This is the first bail application filed for grant of regular bail. The applicant has been arrested on 12.02.2021, in connection with Crime No.24/2021 registered at Police Station- Charcha, Koriya C.G. for offence punishable under Section 354(A)(1)(2), 354(D)(1)(2), 341, 294, 506B/34 of I.P.C. and Section 08 of POCSO Act and Section 67 I.T. Act.

2. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. The applicant is in jail since 12.02.2021. Charge-sheet has been filed. Therefore, it is prayed that this applicant may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application

-2and submissions made by the learned counsel for the applicant and submits that the statement of the prosecutrix puts serious allegations against this applicant. Therefore, he is not entitled for grant of bail by this Court.

4. The prosecutrix had virtually present before this Court on 13.07.2021 and she has objected in grant of bail to the applicant.

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

6. According to the prosecution case, it is alleged that this applicant and one another used to stop and harass minor victim on numerous occasions. The allegations against this applicant specifically is that he has threatened the minor victim to cause hurt to her and also to defame her on social media. This applicant has also made publication of messages on facebook profile for the purpose of maligning the image of the minor victim. Therefore, this F.I.R. has been lodged. Hence, this case.

7. Considered on the submissions, the case is now pending for trial and the applicant has undergone detention of almost 05 months, therefore, I feel inclined to allow this application.

8. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed.

9. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika