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High Court Of ChhattisgarhMCRC/6393/2020allowed

Mohd. Safik @ Hasan Ansari @ Hussain Ansari v. State Of Chhattisgarh

2020-10-07Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.6393 of 2020 • Mohd. Safik @ Hasan Ansari @ Hussain Ansari S/o Rahmat Ansari Aged About 39 Years R/o Village Satmata, Police Station Vishrampur, Tahsil And District Surajpur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Vishrampur, District Surajpur Chhattisgarh ---- Non-applicant For Applicant : Mr. Dashrath Kushwaha, Advocate.

For Non-applicant/State : Mr. D.P. Singh, Dy.A.G.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 07-10-2020

1. Heard on the application filed under Section 439 of the Cr.P.C. The applicant has been arrested on 07.05.2020 in connection with Crime No.76/2020, registered at Police Station- Vishrampur, Tahsil & DistrictSurajpur, C.G. for offence punishable under Sections 354, 509 B, 201 of I.P.C. and Section 08 of POCSO Act.

2. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 07.05.2020. Charge-sheet has been filed after completion of investigation, therefore, it is prayed that this applicant may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application and submits that the victim of the case has made serious allegations against the applicant, therefore, the applicant is not entitled for grant of bail.

4. Heard learned counsel for the parties and perused the case diary.

-25. According to the prosecution case, this applicant used to show obscene videos to the minor victim of age about 15 years and then at the same time, he used to outrage her modesty by use of physical force on her regarding which, F.I.R. has been lodged.

6. Considered on the submissions and looking to the length of detention of the applicant in jail and also that the case is now pending for trial, I am inclined to allow this application.

7. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for his appearance as and when directed, on condition as imposed by the concerned Court.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika