Pradeep Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2900 of 2019 Pradeep Das S/o Abani Das Aged About 29 Years R/o Baniyar Gold, Police Station- Badarpur, District- Karimganj, Aasam., District : Karimganj, Assam.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationKhairagarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh.

---- Respondent For the Applicant :

Shri Abhishek Sharma, Advocate For the State :

Ms. M. Asha, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /05/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.115/2019 registered at Police Station Khairagarh, District Rajnandgaon (C.G.) for the offence punishable under Section 354 of IPC and Section 7, 8 of POCSO Act.

3. Case of the prosecution, in brief is that prosecutrix is about 10 years of age. She is resident of village Thelkadih. On 23/03/2019 at about 14.00 hourse, at village Thelkadih, applicant took her on his lap and pressed her breast and said I love you.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the above mentioned facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde