High Court Of ChhattisgarhMCRC/3823/2019allowed

Awadh Das v. State Of Chhattisgarh

2019-06-19Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3823 of 2019 • Awadh Das S/o Sukrit Das Manikpuri Aged About 22 Years R/o Bhainso, Police Station Pamgarh, District Janjgir-Champa Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Pamgarh, District Janjgir-Champa Chhattisgarh. ---- Respondent For Applicant : Mr. RK Jain, Advocate.

For Respondent/State : Mr. Amit Singh, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 19/06/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 211/2019, registered at Police Station Pamgarh, District Janjgir Champa (C.G.) for the offence punishable under Section 354, 354(A), 354 (B) & 507 of the IPC and Section 8 of POCSO Act, 2012.

2. In this case, age of the prosecutrix is about 17 years 8 months. On 27.04.2019, prosecutrix herself lodged a report in police station, Pamgarh (C.G.) alleging therein that the applicant used to tease, misbehave and blackmailed her while she used to go to her school. On the basis of said report, offence has been registered. During course of investigation, the applicant has been arrested on 14.05.2019.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case due to some dispute with the prosecutrix and her family members. He further submits that the applicant is in custody since 14.05.2019 and trial is likely to take some time. Therefore, the applicant may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant is in custody since 14-05-2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Shubham