Dhanajay Suryavanshi v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C.(A). No. 387 of 2016

1. Dhananjay Suryavanshi, S/o. Shri Jagdish Suryavanshi, aged about 18 years, R/o. Village-Jagmahant, P.S. Navagarh, DistrictJanjgir-Champa (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : Station House Officer of Police Station - Navagarh, District- Janjgir-Champa (C.G.) ---- Respondent For Applicant : Mr. Shivang Dubey, Advocate For Respondent/State : Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/05/2016 1.

Apprehending arrest in connection with Crime No.66/2016 registered at Police Station- Navagarh, District - Janjgir-Champa (C.G.), for offence punishable under Section 354, 323 of Indian Penal Code and Section 8 of Prevention of Children from Sexual Offences Act, 2012, the applicant has preferred this application for grant of anticipatory bail.

2.

As per the prosecution case on 07.03.2016, the applicant caught hold of the victim/girl while she was washing her hands in the handpump and stated her that he loves her, which was objected and therefore, the applicant tried to outrage her modesty. 3.

Learned counsel for the applicant submits that on the same day, there has been a quarrel took place between the family members of the applicant and victim for which a report was made and father of the applicant was assaulted. He further submit that according to Annexure A/2, the father of the applicant was subjected to medical check-up as he was beaten, therefore, in order to dilute such report

and to create pressure, the false allegations have been made, therefore, the counsel prays that the applicant may be extended the benefit of anticipatory bail.

4.

Per contra learned State counsel opposes the application for grant of anticipatory bail.

5.

Perused the case diary and the report. Perusal of the statement and the report shows that the applicant caught hold of the hands of the victim and apart from no further allegations have been made. Considering the nature of allegations and the document, which is filed by the applicant, which shows that there has been earlier quarrel took place between the family members of the applicant and victim and further considering the age of the applicant as he is 18 years of age, I am inclined to extend benefit of anticipatory bail to the applicant.

6.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required;

(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram