High Court Of ChhattisgarhMCRC/4168/2020allowed

Mahadev v. State Of Chhattisgarh

2020-07-03Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4168 of 2020 • Mahadev S/o Ramcharan Krishe, Aged About 35 Years Caste- Dhoba, R/o Village- Neur, Police Station- Kukdur, District-Kabirdham, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through-Station House Officer, Police StationKukdur, District- Kabirdham, Chhattisgarh. ---- Respondent For Applicant : Mr. Dharmesh Srivastava, Advocate.

For State/respondent : Mr. Raveesh Verma, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 03/07/2020

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.55/2020 registered at Police -Station-Kukdur District-Kabirdham(C.G.) for the offence punishable under Sections 354A, 509 of IPC and Section 12 of POCSO Act, 2012.

2. It is submitted by the learned counsel for the applicant, that the applicant has been falsely implicated in this case. False FIR has been lodged against this applicant. The applicant is in jail since 2.6.2020. No case is made out against the applicant, therefore, it is prayed that he may be enlarged on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the applicant has criminal antecedent having 8 different cases registered against him by the police, therefore, he is not entitled for grant of bail.

4. I have heard the learned counsel for both the parties and perused the case diary.

5. According to the prosecution case, it is alleged that this applicant used to make indecent proposal to the minor prosecutrix and also he had proposed to marry her. On a subsequent date, the applicant had given a love letter to the victim, in which, he had threatened that he will defame her, regarding which FIR has been lodged.

6. After considering the nature of the case against the applicant and also the submissions made by the counsel for the applicant, I feel inclined to allow the bail application of this applicant.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his 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.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha