Omprakash Soni @ Pappu v. State Of Chhattisgrh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3625 of 2019

1. Omprakash Soni @ Pappu S/o Late Gajadhar Soni, Aged About 26 Years, R/o Kirodimal Nagar Ganesh Chouk, Police Station Kotraroad, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgrh Through Station House Officer, Police Station Kotararoad, Raigarh, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh ----Non-applicant For Applicant - Shri Prabhat Kumar Saxena, Advocate. For Non-applicant/State - Shri Lav Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 17-07-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 12-04-2019 in connection with Crime No.78/2019 registered at P.S. - Kotraroad, Raigarh District Raigarh, Chhattisgarh for the offence under Section 354, 452, 506 of the IPC and Section 8 of POCSO Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 12-04-2019. Charge sheet has been filed against this applicant. Therefore, it is prayed that the applicant may be granted bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

As per the prosecution case, the victim in this case is aged about 13 years. It is alleged that this applicant used to stop her and tease her using obscene words. On 12-04-2019 the applicant came to the house of the victim

-2and caught hold of her hand and has beaten her, because of which this FIR has been lodged.

6.

Considered on the material present in the case diary. As there is likelihood of delay in trial of the case, therefore, I feel inclined to allow this application.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil