High Court Of ChhattisgarhMCRC/3430/2016allowed

Manoj Kumar Kenwat v. State Of Chhattisgarh

2016-07-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3430 of 2016 • Manoj Kumar Kenwat S/o Basant Lal Kenwat Aged About 31 Years R/o Village - Dhabahapara, Malhar, Police - Chowki - Malhar, Police Station - Masturi, District - Bilaspur, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Its Police Station - Masturi District - Bilaspur, Civil - Revenue District Bilaspur, Chhattisgarh.

--- Respondent For the applicant :

Mr. Ravi Maheshwari, Advocate For the Respondent :

Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 08.07.2016

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.118 of 2016 registered at P.S. Masturi, Distt. Bilaspur (C.G) for the offence punishable under Sections 452, 354 & 323 IPC.

2. As per the prosecution case, on 11.03.2016 the applicant entered into the house of victim girl who is deaf and dump and thereafter caught hold of her and kissed her, thereby tried to outrage the modesty of the victim girl.

3. Learned counsel for the applicant submits that the applicant is a medical representative and he has been falsely implicated in this case as at the relevant time, the applicant was not in the house and was at Raipur. It is further submitted that the charge sheet in this case has been filed

and the applicant is in jail since 13.03.2016, therefore, he may be enlarged on bail.

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

5. Perused the charge sheet, documents and as also the statement of complainant who is mother of victim girl.

6. Considering the facts and circumstances of the case and the degree of allegations levelled against the applicant as also the fact that the charge sheet in this case has been filed and further looking to the period of detention as the applicant is stated to be in jail since 13.03.2016, I am inclined to release him 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