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High Court Of ChhattisgarhMCRC/3553/2015allowed

Premchand Sahu v. State Of Chhattisgarh

2015-07-28Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

3 55 Premchand Sahu, S/o Mansharam Sahu, aged about 36 years, resident of Hathod, Police Station Suregaon, Civil and Revenue District Balod, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through: SHO Police Station Suregaon, District Balod, Chhattisgarh ---- Respondent For Applicant:

Mr. P.P. Sahu, Advocate.

For Respondent/State:

Mr. Lov Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /07/2015 Heard.

(1) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.20/2015 registered at Police Station Suregaon, District Balod, for the offences punishable under Section 354 of the Indian Penal Code & Sections 7 & 8 of Protection of Children From Sexual Offences Act.

(2) Case of the prosecution is that on 19.05.2015 the applicant outraged the modesty of the prosecutrix and thereby committed the aforesaid offences.

(3) Counsel for the applicant would submit that the applicant has falsely been implicated in the offence in question on account of private dispute relating to drinking water and, as such, the applicant is in jail since 25.05.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, learned counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; considering the facts that applicant is in jail since 25.05.2015; and the charge sheet has already been filed; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-