High Court Of ChhattisgarhMCRC/3248/2018allowed

Inayatulla Khan v. State Of Chhattisgarh

2018-06-25Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3248 of 2018 Inayatulla Khan, S/o Habibulla Khan, aged about 37 years, R/o Charcha, Police Station Charcha, District Korea, presently residing at Namna Kala, nearby power house, Police Station Gandhinagar, District Surguja (C.G.) {name of the applicant mentioned as per charge sheet and arrest memo) ----Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Police of Police StationGandhinagar, District Surguja (C.G.) ---- Non-applicant For Applicant : Mr. Anil Gulati, Advocate. For Respondent/State : Mr. Avinash Singh, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 25/06/2018 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 39/2018 registered at Police Station Gandhinagar, District Surguja (C.G.) for the offence punishable under Section 354 of the Indian Penal Code and Section 8, 9 (p), 10 of Protection of Children from Sexual Offences Act, 2012.

(2) Case of the prosecution, in brief, is that present applicant outraged the modesty of the complainant, aged about 17 years, and thereby committed the aforesaid offences. (3) Counsel for the applicant submits the applicant has been falsely implicated in the crime in question as he has not committed any offence. He further submits that the applicant is in custody since 19.03.

and, therefore, the applicant may be released on regular bail. (4) On the other hand, learned counsel for the State opposes the bail application. (5) Taking into consideration the nature and gravity of the offence, facts & circumstances of the case and further considering the facts that applicant is in detention since 19.03.2018 and the charge sheet has already been filed; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-