Nagesh Kumra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5492 of 2020 Nagesh Kumra, son of Shri Raghuraj Kumra, aged about 23 years, Caste Gond, resident of Village Belha, Police Station Pachpedi, District Bilaspur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police StationPachpedi, District- Bilaspur, Chhattisgarh ---- Non-Applicant For Applicant : Mr. SP Sahu, 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.121/2020 registered in Police Station Pachpedi, District Bilaspur 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 on the date of incident.

3. Learned State Counsel would oppose the bail application.

4. Material available in the case diary reflects that pertaining to an incident which occurred at 8.30 pm on 3.8.2020, the applicant's younger brother has lodged an FIR against the brother of the prosecutrix for offence under Sections 294, 323 and 506/34 of the IPC.

5. Present applicant is in jail since 6.8.2020. Therefore, considering the entire fact situation of the case including the report lodged by the applicant's younger brother against the brother of the prosecutrix, this Court is inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing 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 is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Judge (Prashant Kumar Mishra) Barve