Pitambar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5478 of 2020 Pitambar Yadav S/o Heeralal Yadav Aged About 21 Years R/o VillageBandhnawagaon, Police Station- Gatapar, Tahsil Khairagarh, District Rajnandgaon, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police StationGatapar, District- Rajnandgaon, Chhattisgarh ---- Non-Applicant For Applicant : Mr. Abhishek Sharma, Advocate.

For Non-Applicant : Mr. Anand Verma, Deputy GA. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 30/09/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.31/2020 registered in Police Station Gatapar, District Rajnandgaon for offence under Section 354 of the IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

2. The applicant has outraged the modesty of the prosecutrix by catching hold of her hands at about 8.30 pm on 5.7.2020.

3. Learned State Counsel would oppose the bail application.

4. Material available in the case diary suggests that the applicant was stalking the prosecutrix for the last about 3 months and flirted with her at that time.

5. Considering the fact that the applicant is in jail since 31.7.2020 and charge sheet has already been filed, this Court is inclined to release the applicant on bail on the following conditions:-  the applicant shall not tease or flirt or stalk the prosecutrix neither repeat the act of molestation during the pendency of trial, failing which this bail order shall lose its efficacy and the concerned Police would be entitled to take the applicant into custody for this offence also and,  the applicant shall furnish a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He shall appear before the trial Court on each and every date given by the said Court.

Sd/- Judge (Prashant Kumar Mishra) Barve