High Court Of ChhattisgarhMCRC/2873/2016allowed

Ramesh v. State Of Chhattisgarh

2016-06-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2873 of 2016 • Ramesh S/o Tilak Baghel Aged About 23 Years R/o Bhatapara, Nawagarh, Police Station - Nawagarh, District - Bemetara Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through Station House Officer, Police Station - Nawagarh, District - Bemetara Chhattisgarh --- Respondent For the applicant :

Mr. B.P. Singh, Advocate For the Respondent :

Mr. Neeraj Kr. Sharma, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 14.06.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 40 of 2016 registered at P.S. Nawagarh, District Bemetara (C.G) for the offence punishable under Section 354, 342, 506 IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

2. As per the prosecution case, on 02.03.2016 at about 9 p.m., the applicant caught hold of his sister-in-law and closed the room and thereafter tried to outrage the modesty of the victim. On being resisted, the applicant poured kerosene oil on her and tried to assault her. When the victim raised alarms, the neighbours came there to save her and the applicant fled away.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and there has been some dispute between the applicant and victim as the

applicant was not served with food. He further submits that the applicant is in jail since 04.03.2016, the charge sheet has been filed and no further investigation is necessary, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the statements of victim.

6. Considering the degree of allegations levelled against the applicant and taking into consideration the statement recorded of the victim as also the fact that the applicant is stated to be in jail since 04.03.2016 and no further investigation is necessary, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao