Ramashanker Verma v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4102 of 2020 • Ramashanker Verma S/o Dilu Verma, Aged About 53 Years, R/o. Village Bhanpuri, Police Station Dongergarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through : Station House Office, Police Station Dongergarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ----Non-applicant For Applicant - Shri Shikhar Sharma, Advocate. For Non-applicant/State - Shri Raveesh Verma, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 01-07-2020 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 02-03-2020 in connection with Crime No.658/2019 registered at Police Station - Dongergarh, District Rajnandgaon, Chhattisgarh for the offence under Section 363(A) of the IPC and Section 17 of Protection of Children from Sexual Offences Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. The only allegation against this applicant is this, that he had given lift on his motorcycle to the main accused and the victim for taking them to the railway station. Apart from that, he has not participated in the said commission of offence. Therefore, it is prayed that the applicant may be granted bail.

3.

Learned counsel for the State/non-applicant opposes the application and submits that according to the memorandum statement given by this applicant himself, he had actively monitored and planned the abduction because of which the main accused has committed the offence of abduction

-2and rape. Therefore, the application may be rejected. 4.

Heard learned counsel for the parties and perused the documents. 5.

As per the prosecution case, main accused Khilesh abducted the minor prosecutrix and then this applicant provided the main accused and the victim lift on his motorcycle for going to railway station, from where the main accused and the victim went to Nagpur and Pune where the victim was exploited sexually by the main accused.

6.

Considering the role of this applicant in the alleged commission of offence and the other evidence that is present against him, I am of this view that he should be granted regular bail.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil