High Court Of ChhattisgarhMCRC/6537/2017allowed

Sunil Kumar @ Bachhu Jaiswal v. State Of Chhattisgarh

2017-12-13Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6537 of 2017 • Sunil Kumar @ Bachhu Jaiswal S/o Late Manishankar Jaiswal, Aged About 51 Years R/o Civil Line Ward No. 18, Manendragarh, District Korea Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Manendragarh District Korea Chhattisgarh.

---- Respondent For Applicant Mr. FS Khare, Advocate For Respondent /State Mr. Sameer Behar, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/12/2017

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.320/2017 registered at Police Station Manendragarh, District Korea (CG) for the offence punishable under Sections 363, 354-A(1) (4), 509 of IPC and Section 12 of the Protection of Children from Sexual Offences Act, 2012 as also for the offence under Section 3 (2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, which has been added at the time of filing of the charge sheet.

3. The applicant has allegedly taken the prosecutrix on a motorcycle on the pretext that she will be dropped at her house. On the way, the applicant made obscene conversation with the prosecutrix. When they reached to some distance, the applicant stopped the motorcycle and instructed the prosecutrix to follow him. One Baban Singh, the Panchayat Secretary of Village Chimtimar came at that place with whom the prosecutrix came back to her house.

4. Considering the nature of allegations and the fact that the applicant is in jail since 21.9.2017 and the investigation is complete, this Court is inclined to release the applicant on regular bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

6. Certified copy as per rules. Sd/- Judge (Prashant Kumar Mishra) Shyna