High Court Of ChhattisgarhMCRC/4692/2015allowed

Pawan Rajpal v. State Of Chhattisgarh

2015-09-08Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4692 of 2015 Pawan Rajpal, S/o Kanhaiya Rajpal, aged about 20 years, R/o Ward No.4, Sindhi Colony, Masjjid Gali, Bemetara, Police Station Bemetara, Civil and Revenue District Bemetara (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Police Station Bemetara, Civil and Revenue District Bemetara (C.G.) ---- Non-applicant For Applicant:

Mr. Vaibhav A. Goverdhan, Advocate.

For Non-applicant:

Mr. S.R.J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/09/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.433/2015, registered at Police Station Bemetara, Distt. Bemetara, for the offence punishable under Sections 354A (iv), 354D, 341, 294 read with Section 34 of the IPC and 12 of the Protection of Children from Sexual Offences Act, 2012.

2. Case of the prosecution, in brief, is that the applicant is alleged to have outraged the modesty of minor prosecutrix / sexually assaulted her and thereby committed the offence.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated, as such he is in jail since 4-8-2015 and charge-sheet has been filed.

4. On the other hand, learned State counsel opposes the application.

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

case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the present applicant in the present case, pre-trial detention of the applicant and the fact that charge-sheet has been filed, I am of the opinion that it is a fit case to admit the applicant to regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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.

Sd/- (Sanjay K. Agrawal) Judge Soma