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High Court Of ChhattisgarhMCRC/4339/2019allowed

Pintu Rana v. State Of Chhattisgarh

2019-08-07Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4339 of 2019 Pintu Rana S/o Late Rambahadur Rana Aged About 35 Years R/o Near Power House Namnakala Ambikapur Police Station Gandhinagar, Ambikapur District Surguja Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Mahila Thana Ambikapur District Surguja Chhattisgarh.

---- Respondent For the Applicant :

Shri A.N. Pandey, Advocate.

For the Respondent/State :

Shri Roshan Dubey, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

07.08.2019 Heard.

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.12 of 2019, registered at Police Station - Mahila Thana, Ambikapur, District - Surguja, Chhattisgarh for the offence punishable under Sections 354 and 354(A) of the Indian Penal Code, Sections 9(m)(n) and 10 of the Protection of Children from Sexual Offences Act, 2012.

2.

Learned counsel for the applicant submits that the applicant is in jail since 25.5.2019 and has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. Hence, it is prayed that the applicant be enlarged on bail.

3.

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

Heard counsel for both the parties and perused the case diary. 5.

According to the prosecution case, this applicant was outraging the modesty of his minor daughter of age 7 years regarding which, FIR has been lodged.

6.

Considering the fact that the case is now pending for trial before the trial Court and also looking to the delay in conclusion of the trial, I feel inclined to grant bail to the applicant in this case. 7.

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

8.

It is directed that 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 trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi