Sunil Koshle v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2895 OF 2015 Sunil Koshle S/o Dugdhadhari aged about 23 years, R/o Sonpur, Police Station Lalpur, District Mungeli (C.G.) ---Applicant

Versus

State of Chhattisgarh, through Police Station Lalpur, District Mungeli (C.G.). ---Non-applicant For Applicant :

Mr. Devesh Chand Verma, Advocate.

For-Non-applicant :

Mr. Qamarul Aziz, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 29/06/2015 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. 102/2015, registered at Police Station Lalpur, District Mungeli (C.G.), for the offence punishable under Sections 354(B), 509, 506, 294, 323 of I.P.C. & Section 17(1)(4) of Protection of Children from Sexual Offence Act, 2012.

2.

Case of the prosecution, in brief, is that, on 19/05/2015 applicant is said to have sexually harassed the victim/complainant and when her uncle and father were tried to stop the applicant, he assaulted them. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in the case. He would further submit that applicant is in jail since 25/05/2015 and no useful purpose would be served by keeping him in jail. He would lastly submit that charge sheet has been filed and the case is triable by the Magistrate,

therefore, he may be released on bail.

4.

Learned State counsel would oppose the prayer for grant of bail and submit that applicant not only harassed the victim/complainant but when her uncle and father were tried to stop the applicant, he assaulted them, by which, they suffered simple injury.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; statement of victim/complainant and the manner, in which, applicant is said to have assaulted the victim and her parents, this Court is not inclined to release the applicant on regular bail.

7.

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

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari