Gouri Shankar Nirala v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4835 of 2018 Gouri Shankar Nirala, S/o. Ges Ram Nirala, Aged About 21 Years, Caste Satnami, R/o. Nagaridih, P.S. Hasaud, Tahsil Jaijaipur, District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Station Hasaud, District Janjgir Champa Chhattisgarh. ---- Respondent For Applicant :

Mr. Raghavendra Pradhan, Advocate For Respondent :

Mrs. Smita Ghai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 31/07/2018 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.111/2018, registered at Police Station- Hasaud, District - Janjgir-Champa (C.G.) for the offence punishable under Section 354 of the Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act, 2012. 2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Applicant is in jail since 21.05.2018. No case is made out against him. Charge-sheet in this case has been filed. Hence, it is prayed that the applicant may be enlarged on bail. 3.

On the other hand, the learned counsel appearing for the State opposes the bail application and the submission made in this respect. 4.

I have heard the learned counsel for the parties and perused the documents placed on record.

5.

The allegation against this applicant is this that on the date and time of the incident, this applicant was hiding below the cot of the victim and by touching her legs and waist outraged her modesty. When the complainant raised her alarm, the applicant fled away from the spot. 6.

Considered the submissions made and the contents of the case diary. Considering on the entire material present in the case diary and looking to the fact that charge-sheet in this case has been filed, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram