Monu @ Shashikant Sao v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4481 of 2016 • Monu @ Shashikant Sao S/O Late Ramkripal Sao Aged About 21 Years R/O Railway Bangla Para, Raigarh, Civil & Revenue District Raigarh, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through Police Thana A J A K Thana, Raigarh, District Raigarh, Chhattisgarh.
---- Respondent & MCRC No. 4490 of 2016 • Monu @ Shashikant Sao S/O Late Ramkripal Sao Aged About 21 Years R/O Railway Bangla Para, Raigarh, Civil & Revenue District Raigarh, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through Police Thana A J A K Thana, Raigarh, District Raigarh, Chhattisgarh.
---- Respondent -------------------------------------------------------------------------------------------------- For Applicant : Ms. Sharmila Singhai, Advocate.
For Respondent/State : Mr. Anupam Dubey and Mrs. Shobha Kashya, Dy.Govt. Advocates.
-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 16-08-2016
1. Since both the aforesaid two bail applications are in similar nature of offence which arise out of Crime Nos. 14 of 2016 & 13 of 2016, they are heard analogously and are being disposed of by this common order.
2. These are first bail applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 16-06-2016 in connection with Crime Nos. 13 of 2016, registered at Police Station AJAK Thana, District Raigarh,
(CG) for the offence punishable under Sections 294, 341, 506, 323, 365/34 of IPC and Sections 3(1)(r)(s) & 3(2)(5)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He has also been convicted in connection with Crime No. 14 of of 2016 registered at Police Station AJAK Thana, District Raigarh, (CG) for the offence punishable under Sections 509 of IPC, Section 61 of the Information Technology Act and Sections 3(1)(r)(s) & 3(2)(5)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3.
As per prosecution case, on 8-6-2016 at about 3.15 pm while the complainant was going to her home from Polytechnic College along with her cousin brother on the motor-cycle, the applicant along with other co-accused person stopped them on the way, abused and assaulted her brother and thereafter they took the complainant to some other place where they assaulted her and threatened to kill her. It is also alleged that the applicant uploaded some obscene photos and sent some vulgar messages on her face-book account and thereby the aforesaid offence was committed.
4. Learned counsel appearing for the applicant would submit that the the applicant has been falsely implicated in the case, statement of the victim girl would show that she was in love relation with the applicant and on the date of incident the complainant was going along with the applicant which was seen by some of the family members of the complainant, therefore, a false report has been made against the applicant. It is further submitted that the chargesheet has been filed in both cases, the applicant is in jail since 1606-2016 and no further evidence is required, therefore, the applicant may be enlarged on bail.
5. On the other hand, learned State counsel opposes the prayer for grant of bail.
6.
I have heard learned counsel for the parties and have also perused the case diary and other documents.
7.
Perused the statement of the victim girl.
8.
Taking into consideration the facts and circumstances of the case, nature of allegations leveled against the applicant and considering the statement of the victim girl and also the fact that the chargesheet has been filed in both the cases, the applicant is in jail since 16-06-2016, I am inclined to release the applicant on bail. 9.
Accordingly, the bail applications filed by the applicant under Section 439 of the Cr.P.C. are allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (on each count in connection with Crime Nos.13 of 2016 & 14 of 2016) with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance as and when directed.
Certified copy as per rules.
(Goutam Bhaduri) Judge Raju