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High Court Of ChhattisgarhMCRC/3553/2020allowed

Mukesh Satnami v. State Of Chhattisgarh

2020-07-03Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3553 of 2020 Mukesh Satnami, S/o Gurucharan Satnami, Aged About 20 Years, occupation: Labour, R/o Mahapali, Raigarh, Tehsil and District Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Chakardhar Nagar, Raigarh, District- Raigarh, Chhattisgarh.

---- Respondent For the Applicant :

Shri Sanjay Agrawal, Advocate.

For the Respondent/State :

Shri Ravish Verma, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

03.07.2020 Heard.

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.36 of 2020, registered at Police Station - Chakardhar Nagar, District - Raigarh, Chhattisgarh for the offence punishable under Sections 354 and 454 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012. 2.

Learned counsel for the applicant submits that the applicant is in jail since 23.5.2020 and has been falsely implicated in this case. False FIR has been lodged against the applicant. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect.

4.

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

As per the prosecution case, it is alleged that this applicant used to express his love for the minor victim and also molest her continuously for one year. On the date of incident, it is alleged that this applicant committed house trespass in the house of the victim ad then after putting her under threat he outraged her modesty by use of physical force. 6.

Considered the fact that the applicant is in jail since 23.5.2020. After completion of investigation, charge-sheet has been filed. Looking to the likelihood delay in conclusion of trial against the applicant, I feel inclined to grant regular bail to the applicant in this case. 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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi