Chandresh Sonkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4030 of 2020 Chandresh Sonkar, S/o Bharat Sonkar, Aged About 20 Years, R/o Shukulpara, Nawagarh, Police Station Nawagarh, District- Bemetara (C.G.) --- Applicant

Versus

State of Chhattisgarh, Through: Station House Officer, Police Station Nawagarh, District- Bemetara (C.G.) --- Respondent ________________________________________________________ For Applicant :

Mr. Bharat Rajput, Advocate.

For State/ Respondent :

Mr. Devendra Pratap Singh, Dy. A.G.

________________________________________________________ Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30/ 06/2020 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. 254/2019, registered at Police Station- Nawagarh, DistrictBemetara (C.G.) for the offence punishable under Section 354(A)(1)(iv), 354(d)(I)(i), 294 & 506 of IPC & Section 12 of the Protection of Children from Sexual Offences Act, 2012. 2.

Learned counsel for the applicant submits that the applicant is in jail since 31.08.2019 and has been falsely implicated in this case. No case is made out against the present applicant. The investigation is completed and case is now pending for trial, which is not concluded so far, hence, it is prayed that this applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail

application submitting that according to the evidence that is present against this applicant, given by number of victims of the case, this applicant is not entitled for grant of bail, hence, the application for grant of bail may be rejected.

4.

Heard counsel for both the parties and perused the records. 5.

As per case of the prosecution, this applicant used to stalk and follow the minor victims who were school going girls and made indecent and obscene comments because of which they used to feel hurt. When one of the victims objected the following and commenting by the applicant, this applicant abused and threatened her, thereafter, FIR has been lodged. 6.

After considering the fact that this applicant is in jail for about more than 10 months and the case is pending for trial which is likely to take some time to complete, I am of the view that it would be proper to release the applicant on regular bail, hence, I feel inclined to grant 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. Certified copy, as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Arun