Monish Rao v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.191 of 2016 Monish Rao aged 20 years sonof Shri Manik Rao, resident of Ware House Road, P.S. Civil Line, District Bilaspur (CG) ---Applicant

Versus

State of Chhattisgarh Through the police station Civil Line, Bilaspur, District Bilaspur (CG) ---Non-applicant For Applicant :

Mr. Ritesh Verma, Advocate For Non-applicant :

Mr.Avinash Singh, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 08/02/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.791/2015, registered at Police Station-Civil Lines, Bilaspur, District-Bilaspur (C.G.), for the offence punishable under Section 354/34 of the IPC and Section 8 of the Protection of Children from Sexual Offences Act. 2.

Case of the prosecution, in brief, is that on 12.12.2015 the applicant and co-accused outraged the modesty of the minor complainant and thereby committed the aforesaid offences. 3.

Learned counsel for the applicant would submit the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that the applicant is in jail since 13.12.2015 and charge-sheet has already been filed and therefore,

he may be released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the present applicant; his pre-trial detention and the fact that charge-sheet has already been filed, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall 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 trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-