Lala Kashyap v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6958 of 2015 Lala Kashyap S/o Ramvatar Kashyap Aged About 26 Years R/o Ganesh Chouk, Kashyap Mohalla, Sarkanda, Police Station - Sarkanda, Civil & Revenue District - Bilaspur (Chhattisgarh). ---- Applicant

Versus

State Of Chhattisgarh Through : Officer-In-Charge, Police Station - Sarkanda, Civil & Revenue District - Bilaspur (Chhattisgarh). ---- Respondent For applicant - Shri Devesh G. Kela, Advocate. For Respondent/State - Shri U.K.S. Chandel, PL. Hon'ble Shri Justice Goutam Bhaduri Order 15/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 451/2015 registered in Police Station Sarkanda, Civil & Revenue District-Bilaspur (C.G.). for offence punishable under section 456, 354 of I.P.C. and Section 7 & 8 of Protection of Children from Sexual Offences Act 2012. 2.

As per the prosecution case on 14/09/2015 prosecutrix was sleeping with her brother and sister at that time applicant entered into the house by opening the door and thereafter tried to outrage the modesty of the prosecutrix.

3.

Learned counsel for the applicant submits that complainant are tenant of the relative of the applicant and because of the dispute false allegations have been made. He submits that door was locked from inside then it was not possible for the applicant to go inside and therefore that shows that false allegations have been made, therefore, the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

I have perused the case diary and the statement. After going through the statement wherein it is stated that door was locked from inside and taking into account such statement made, without any observation on merits, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri