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High Court Of ChhattisgarhMCRC/4167/2016allowed

Usain Verma v. State Of Chhattisgarh

2016-07-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4167 of 2016 Usain Verma, S/o Hemant Verma, Aged About 25 Years, R/o Lolesara, Police Station Bemetara, Civil & Revenue District Bemetara, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Station Bemetara, Civil & Revenue District Bemetara, Chhattisgarh ---- Respondent For applicant - Shri P.P. Sahu, Advocate.

For Respondent/State - Ms. Shobha Kashyap, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 29/07/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.206/2016 registered in Police Station Bemetara, District Bemetara Chhattisgarh for offence punishable under section 354 of IPC, Section 8 of Protection of Children from Sexual Offences Act, 2012 and Section 3(1)(11) SC/ST Act. 2.

As per the prosecution case, on 15/04/2016 at about 9 'O clock while prosecutrix/victim was sleeping, at that time all of a sudden she felt that her lower garment is being pulled out, therefore she woke up and saw that applicant was pulling up the garments, she raised alarm and the applicant fled away.

3.

Learned counsel for the applicant submits that nature and time of incident would show that applicant has been falsely implicated, charge sheet has been filed, no further investigation is necessary, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail.

5.

Considering the facts and circumstances of the case, degree of offence, charge sheet has been filed and the applicant is in jail since 16/04/2016, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri