Pushpraj Kurre & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Miscellaneous Criminal Case No. 3843 of 2018

1. Pushpraj Kurre, aged about 19 years, S/o Jeevan Kurre

2. Kishore Kumar Baghel, Aged about 23 years, S/o Itwari

3. Dhanjeet Kurre, Aged about 21 years, S/o Dinesh Kurre, All are R/o Oda Dabri, P.S.- Kunda, Tehsil- Pandariya, DistrictKabirdham (C.G.). ---- Applicants

Versus

State of Chhattisgarh through : Station House Officer of Police Station Kunda, District- Kabirdham (C.G.) ---- Respondent For Applicants :

Mr. Pallav Mishra, Advocate For Respondent/State :

Mr. U.N.S. Deo, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order on Board 25/05/2018 1.

This is an application filed under Section 439 Cr.P.C. for grant of bail to the Applicants, who have been arrested in connection with Crime No. 110/2018 registered at Police Station - Kunda, Kabirdham (Chhattisgarh) for the offence punishable under Sections 354, 34 of IPC and Sections 11 & 12 of the POCSO Act.

2.

Case of the prosecution, in brief, is that the present applicants jointly used to harass the prosecutrix, a minor girl for long. They also used to make derogatory remarks on the prosecutrix. On the basis of report, FIR was registered and the applicants were taken into custody.

3.

Learned Counsel for the Applicants submits that except the allegation of derogatory remarks, there is no allegation for any physical assault over the prosecutrix. The applicants are students and the examinations of these applicants are also undergoing, therefore, they may be released on bail.

4.

On the other hand, Learned Counsel for the State opposes the bail application and submits that the applicants used to use derogatory remarks and looking to the nature of allegations, prima-facie, their application for bail deserves to be dismissed. 5.

I have heard learned counsel for the parties and perused the records. 6.

Considering the entire facts and circumstances of the case, particularly, taking note of the age of the applicants and the nature of allegation alleged, this Court is of the opinion that present is a fit case to grant the bail to the applicants.

7.

Accordingly, the bail application is allowed. It is directed that the Applicants shall be released on bail on their furnishing personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned Court for their appearance before the said Court as and when directed.

Sd/- (P. Sam Koshy) Vacation Judge Rahul