Durgesh Mandavi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3583 of 2016 Durgesh Mandavi, S/o. Heera Singh, Aged About 22 Years, R/o. Village - Dhiraud, Out Post - Dudhawa, Police Station - Narharpur, Distt. Uttar Bastar Kanker, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Out Post - Dudhawa, Police Station Narharpur, Distt. Uttar Bastar Kanker, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Wasim Miyan, Advocate For Respondent :

Mr. Lav Sharma, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 13.07.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.98/2016 registered at Police Station- Narharpur, Distt. Uttar Bastar Kanker (C.G.) for the offence punishable under Section 354, 456 of Indian Penal Code and Section 8 of POCSO Act.

2.

Case of the prosecution, in brief, is that on 02.06.2016 the applicant entered into the house of the prosecutrix and tried to outrage her modesty, thereby the offence is committed and the report was made on 03.06.2016.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and the degree of allegation would reveal that no sexual overt act has been committed and all

the investigation and statements are completed, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the statement of the prosecutrix. Taking into the facts and circumstances of the case, the degree of allegation against the applicant and further considering the pretrial detention of the applicant as he is in jail since 09.06.2016, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the 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/- (Goutam Bhaduri) Judge Ashok