Rajukumar Jaiswal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6592 of 2015

1. Rajukumar Jaiswal S/o Dukhuram Jaiswal Aged About 27 Years R/o Nevsa, Chowki Junapara, P.S. Takhatpur, Distt. Bilaspur, Chhattisgarh.

2. Rajkumar Dhruw @ Golu S/o Bahadur Singh Dhruw Aged About 21 Years R/o Nevsa, Chowki Junapara, P.S. Takhatpur, Distt. Bilaspur, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through S.H.O., P.S. Takhatpur, Distt. Bilaspur, Chhattisgarh.

---- Respondent For applicants - Shri Suryakant Mishra, Advocate. For Respondent/State - Shri S.R.J. Jaiswal, PL. Hon'ble Shri Justice Goutam Bhaduri Order 2/12/2015 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.271/2015 registered in Police Station Takhatpur, District Bilaspur (C.G.) for offence punishable under section 354-A, 354-D, 509, 34 of the Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act, 2012. 2.

As per the prosecution case a report was lodged on 2/10/2015 that prosecutrix when she went for washing her hands and face towards the field, at that time both the applicants came and asked prosecutrix to develop physical relation with them and thereafter opened the chain of their pant and showed obscene gesture. After raising alarm by the prosecutrix both of the applicants ran away from the scene. Subsequently,

report was made.

3.

Learned counsel for the applicants submits that applicants are in jail since 3/10/2015 and they have been falsely implicated in this case, the charge sheet has already been filed. He further submits that no further evidence is required, therefore applicants may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the facts and circumstances of the case, further taking into consideration nature of the allegation made against these applicants and taking into account gravity and the manner in which offence is committed, further considering the fact that applicants are in jail since 3/10/2015, this court is inclined to release the applicants on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri