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High Court Of ChhattisgarhMCRC/3016/2016allowed

Puthul Kanoongo v. State Of Chhattisgarh

2016-06-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3016 of 2016 • Puthul Kanoongo S/o Ravi Kanoongo @ Ravindra Aged About 30 Years R/o Udiyapara, Saraipali, P.S. Saraipali, District Mahasamund, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, P.S. Saraipali, District Mahasamund, Chhattisgarh. - Respondent For the applicant :

Mr. Vivek Tripathi, Advocate For the Respondent :

Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 22.06.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 79 of 2016 registered at P.S. Saraipali, Distt. Mahasamund (C.G) for the offence punishable under Sections 354, 452 of IPC and Section 8 of POCSO Act.

2. As per the prosecution case, on 08.03.2016, the applicant entered into house of the victim girl who is minor and thereafter tried to outrage the modesty and when the prosecutrix raised alarm, the applicant fled away, thereby the offence is committed.

3. Learned counsel for the applicant relied on the statement of victim and would submit that the prosecutrix has been examined in this case and she has not supported the case of prosecution. He further submits that the charge sheet in this case has been filed and the applicant is in jail since

09.03.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the statement of the victim girl wherein she has not supported the version of prosecution.

6. Considering such court statement of victim girl as also the fact that charge sheet in this case has been filed and the applicant is in jail since 09.03.2016 without any observation on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o