High Court Of ChhattisgarhMCRC/1456/2016allowed

Govind Prasad v. State Of Chhattisgarh

2016-03-15Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1456 of 2016 Govind Prasad, S/o Bijendra Lal, aged about 20 years, R/o Village Sawarapa, Police Station Patna, Tahsil Baikunthpur, Civil & Revenue District Korea (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police of Police Station Patna, District Korea (C.G.) ---- Non-applicant For Applicant:

Mr. Anil Gulati, Advocate.

For Non-applicant:

Mr. Suvigya Awasthi, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/03/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.19/2016, registered at Police Station Patna, Distt. Korea, for the offence punishable under Sections 354, 354D of the IPC and 18 of the Protection of Children from Sexual Offences Act, 2012.

2. Case of the prosecution, in brief, is that on 2-2-2016, the applicant not only outraged the modesty of the complainant/victim, but also sexually assaulted her and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant is innocent, he has not committed any offence and he has been falsely implicated in the case. The applicant is in jail since 4-2-2016.

4. On the other hand, learned State counsel opposes the application.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the applicant, pretrial detention of the applicant with effect from 4-2-2016 and material collected by the prosecution, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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.

Sd/- (Sanjay K. Agrawal) Judge Soma