High Court Of ChhattisgarhMCRC/3171/2019allowed

Shivbhajan Chandravanshi v. State Of Chhattisgarh

2019-05-20Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

MCRC No. 3171 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3171 of 2019 • Shivbhajan Chandravanshi S/o Chhatra Chandravanshi Aged About 19 Years R/o Charbhatha, Police Station Pandatarai, District Kabirdham Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Of Police Station Pandatarai, District Kabirdham Chhattisgarh ---- Respondent For Applicant Mr. Hemant Kesharwani, Advocate on behalf of Mr. Ajit Singh, Advocate For Respondent /State Mr. Ghanshyam Patel, Govt. Advocate Hon'ble Mr. Justice Sanjay K. Agrawal Order On Board 20/5/2019

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.77/2019, registered at Police Station Pandatarai, District Kabirdham (CG) for the offence punshiable under Sections 294, 323, 354 of IPC and Sections 7, 8 of the Protection of Children from Sexual Offences Act.

3. The case of the prosecution, in brief, is that the applicant outraged the modesty of the minor prosecutrix and thereby,

MCRC No. 3171 of 2019 committed the offence.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and he has not committed any offence. He submits that the applicant is in jail since 26.4.2019 and the charge sheet is yet to be filed.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Having considered the nature and gravity of the offence and the facts and circumstances of the case and the role of the applicant as also the fact that pre-trial detention of the applicant is not required, I am of the opinion that present is a fit case to enlarge the applicant on regular bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

8. Certified copy as per rules. Sd/- (Sanjay K. Agrawal) Vacation Judge Shyna