Prem Kumar Sahu v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3878 of 2019 • Prem Kumar Sahu, S/o Shri Mayadhar Sahu, Aged About 47 Years, R/o Village - Runjhuni, Thana - Rajadeori, Civil & Revenue District Balodabajar Bhatapara Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police-Station - Rajadeori, District Balodabajar - Bhatapara Chhattisgarh. ---- Respondent _____________________________________________________________ For Applicant :

Mr. Sunil Sahu, Advocate.

For Respondent/State :

Mr. Lav Sharma, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 19/07/2019

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.28/2019 registered at Police Station-Rajadeori, District-Balodabazar, Bhatapara(C.G.) for the offence punishable under Sections 452, 354(A)(i)(ii), 354(B) of the Indian Penal Code.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 31.5.2019. No case is made out against this applicant. Charge-sheet has been filed, after completion of investigation. There is likelihood of delay in trial, therefore, it is prayed that he may be enlarged on regular bail.

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3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. According to the prosecution case, applicant is a Male Health Worker. On the date of incident, he came to the house of victim and on pretext of doing medical checkup, he touched her body objectionably with intention to outrage her modesty to which the victim objected and raised alarm. Hence, this case.

6. Considered on the entire facts and circumstances of this case, as the case is now pending for trial and there is likelihood of delay in its conclusion, I feel inclined to allow the application of this applicant.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha