High Court Of ChhattisgarhMCRC/3744/2016allowed

Ravi Kumar Kewat v. State Of Chhattisgarh

2016-07-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3744 of 2016 • Ravi Kumar Kewat S/o Amarnath @ Pochka Kewat Aged About 24 Years R/o : - Village - Maldi, P.S. - Bilaigarh, District - Baloda - Bazar - Bhatapara Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through : - S. H. O. - Bilaigarh, District - Baloda Bazar Bhatapara, Chhattisgarh --- Respondent For the applicant :

Mr. Hemant Gupta, Advocate For the Respondent :

Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 18.07.2016

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. 174 of 2016 registered at P.S. Bilaigarh, Distt. Baloda Bazar-Bhatapara (C.G) for the offence punishable under Sections 354 of IPC and Section 8 of the Prevention of Children from Sexual Offences Act.

2. As per the prosecution case, on 02.06.2015 while the victim was going to fetch water from a bore-well, the applicant caught hold of her hand and expressed his love with victim girl thereby he tried to outrage the modesty of the victim.

3. Learned counsel for the applicant submits that .the applicant has not committed any offence. In fact the applicant and the victim both were known to each other and the issue has been exaggerated by the mother and the applicant is in jail since 03.06.2016 and considering the fact that the statement of victim is recorded and evidence is required, therefore, the applicant may be enlarged on bail.

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

5. Perused case diary and the statement of the victim wherein she has stated that the applicant has caught hold of the victim and expressed his love.

6. Taking into consideration the degree of allegations levelled against the applicant and the nature of offence as also the fact that the applicant is stated to be in jail since 03.06.2016, 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