Lalla @ Shishupal Narang v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3193 of 2021 Lalla @ Shishupal Narang, S/o. Shri Hemraj Narang, aged about 22 years, R/o. Village Beltukri, P.S. Kharora, District Raipur Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh, Through : P.S. Kharora, District Raipur Chhattisgarh. ---- Respondent For Applicant : Mr. Anchal Kumar Matre, Advocate For Respondent/State : Ms. Akshara Amit, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/08/2021 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.158/2021, registered at Police Station - Kharora, Raipur, District - Raipur (C.G.) for the offence punishable under Section 354 of the Indian Penal Code and Section 12 of Protection of Children from Sexual Offences Act, 2012. 2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 13.04.2021. Charge-sheet in this case has been filed. Hence, it is prayed that the applicant may be released 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 there is direct statement of the victim against this applicant and further two previous cases are registered against the applicant under Indian Penal Code and one is the proceeding under Section 107/116

of Cr.P.C. Therefore, he is not entitled for grant of bail. 4.

Minor victim is present virtually before this Court on notice through Help Desk of this High Court. She has objection in grant of bail to the applicant.

5.

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

6.

As per the prosecution case, it is alleged that on the date of incident, this applicant finding opportunity, caught hold of the minor victim and then fondled her chest and arm, regarding which, FIR has been lodged.

7.

Considered on the submissions. Looking to the length of detention of the applicant and also that the case is pending for trial, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

8.

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

9.

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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram