High Court Of ChhattisgarhMCRC/751/2016allowed

Laxman Sahu v. State Of Chhattisgarh

2016-02-29Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.751 of 2016 Laxman Sahu, S/o Beer Singh Sahu, aged about 25 years, R/o Village Barchhatola, Police Chowki Chichola, P.S. Chhuria, District Rajnandgaon (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Chowki Chichola, P.S. Chhuria, District Rajnandgaon (C.G.) ---- Non-applicant For Applicant:

Mr. B.P. Singh, Advocate.

For Non-applicant:

Mr. Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 29/02/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.186/2015, registered at Police Chowki Chichola, Police Station Chhuria, Distt. Rajnandgaon, for the offence punishable under Sections 376, 109 read with Section 34 of the IPC; Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

2. Case of the prosecution, in brief, is that on 18-10-2015, Rakesh Verma committed sexual intercourse with the minor prosecutrix and the applicant assisted him in committing such offence, and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case, main accused is Rakesh Verma who has committed the

offence. The applicant is in jail since 23-10-2015 and charge-sheet has been filed.

4. On the other hand, learned State counsel opposes the prayer for bail made on behalf of the applicant.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the applicant, his pretrial detention and Rakesh Verma is said to be the main accused, I consider it a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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 Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma