Vimal Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2914 of 2018 • Vimal Sonwani S/o Shri Devanand Sonwani,a ged about 24 years, R/o Village Bajrang Para, Near Karma Bjhawan, Kohka, Bhilai, P.S. Supela, District Durg (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through : The Station House OfÏcer, Police Station Supela, District Durg.

---- Respondent For Applicant :

Shri Pravin Dhurandhar, Advocate.

For Respondent :

Shri Majil Ali, G.A. for the State Hon'ble Shri Justice P. Sam Koshy Order on Board /05/2018 1.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody since 21.01.2018 in connection with Crime No.58/2018 registered at Police Station : Supela, District Durg (C.G.) for the offence punishable under Section 354 IPC and Sections 7 and of POCSO Act.

2.

The allegation against the present applicant as per the prosecution is that on 18.01.2018 when the victim was playing along with her friend near the house of accused/applicant, he caught hold of the victim and tried to outrage her modesty.

3.

Counsel for the applicant submits that it is the case where the present applicant has falsely been implicated for the reason that he had asked the victim not to play near the

temple which caused annoyance to her family members resulting in the false implication in the case in hand. 4.

State counsel, however, opposing the bail application submits that taking into consideration the age of the victim and the nature of allegation made against the present applicant, the applicant does not deserve to be released on bail. 5.

Having heard counsel for the parties, considered the nature of the allegation made against the applicant, looking to the statement made by the victim and the fact that the applicant is in jail for more than four months, this Court is of the opinion that prima facies, a strong case for grant of bail has been made out.

6.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before it as and when directed.

Sd/- (P. Sam Koshy) Vacation Judge Vijay