Prem Singh v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6051 of 2017 • Prem Singh S/o Roopan Gond, Aged About 62 Years R/o Beltikri, Tikrapara, Surajpur, P.S. Surajpur, District Surajpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Surajpur, District Surajpur, Chhattisgarh ---- Respondent ____________________________________________________________ For Applicant :

Mr. Jitendra Shrivastava, Advocate.

For Respondent/State :

Mr. Neeraj Jain, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 14/11/2017

1. This is the first bail 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. 90/2017, registered at Police Station- Surajpur, District - Surajpur(C.G.) for the offence punishable under Sections 341 & 354 of Indian Penal Code (for short 'IPC').

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in jail since 05.03.2017. Applicant is 65 years old aged person, a totally improbable story has been made by prosecution against him alleging that he has outraged the modesty of a child aged 15 years. It is also submitted that apart from the victim, there are no eyewitnesses in this case. He is a local resident and he is ready to abide the conditions imposed for grant

Page No.2 of regular bail, hence, prayed that applicant be enlarged on bail.

3. Learned State counsel opposes the prayer for grant of bail, however, he would submit that statement of the victim alone is sufficient evidence against the applicant, hence, he is not entitled for grant of bail.

4. Heard both the parties and perused the case diary.

5. As per the case against the applicant, on 3.3.2017 at about 7.30 am, when the victim was going to fetch water applicant wrongfully restrained her on public path and by using force outraged her modesty. The age of victim is 15 years. On FIR being lodged, the case has been investigated and charge-sheet has been filed.

6. Considering the submissions and the contents of the case diary and these circumstances in this case, no purpose would be served if the applicant is kept in detention till the conclusion of trial, hence, this appears to be a fit case where the applicant should be enlarged on bail.

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

8. It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

9. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge NIsha