Purushtottam Patwa v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3730 of 2019 • Purushtottam Patwa S/o Jhaduram Patwa Aged About 42 Years R/o Lalbagicha Ward, Dhamtari, Tahsil And District-Dhamtari, CG ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- City Kotwali, Dhamtari, Distrcit- Dhamtari, CG ---- Respondent For applicant Mr. Shivendu Pandya, Adv.

For non-applicant/State Mr. S.R.J. Jaiswal, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 19-61. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 198/2019 registered in police station City Kotwali, Dhamtari, Distt. Dhamtari (CG) for offence punishable under Section 354 of IPC and Section 8 of POCSO Act.

3. Prosecution story in brief is that the prosecutrix was aged about 11 years at the time of incident. She is a resident of Dhamtari. On 7-52019 the applicant pressed her breast and touched her private part over cloths.

4. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated hence he be released on bail.

5. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against applicant in the police case diary.

6. Looking to the above facts and circumstances of the case, application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of like sum to the satisfaction of the trial Court concerned with condition that he shall appear before court concerned at 11.00 am as and when directed by the said court, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak