Rajesh Vaishnav @ Sonu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6954 of 2016 Rajesh Vaishnav @ Sonu S/o Late Laxman Vaishnav Aged About 19 Years R/o Kanak Nagar, Ward No. 9, Chhuikhadan, Post Office & Police StationChhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police StationChhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Respondent For Applicant :

Shri Shivendu Pandya, Advocate For Respondent/State :

Shri Manish Nigam, Panel Lawyer S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/11/2016 Heard.

1. The applicant has been arrested in connection with Crime No.202 of 2016 registered in Police Station- Chhuikhadan, District -Rajnandgaon (C.G.) for the alleged commission of offence under Sections 507 & 509 of IPC, Section 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 67 of Information Technology, Act, 2008.

2. Case of the prosecution is that the applicant used to give mobile calls to the prosecutrix making indecent proposal and thereby outraging her modesty.

3. Learned counsel for the applicant submits that the allegation of making indecent proposal are exaggerated and may be that the applicant having an affair with the girl was urging for meeting. He submits that the contents of the call details are not available with the prosecution and therefore, in these

-2circumstances that as the investigation is complete, charge sheet has been filed and the applicant is not a person of criminal antecedents, he may be granted bail as he is a young boy, aged about 19 years of age.

4. On the other hand, learned counsel for the State has opposed the bail application and submits that this kind of language used by the applicant while talking to the prosecutrix or mobile calls prima facie makes out a case of commission of offence under Sections 507, 509 of IPC, Section 12 of the POCSO Act and Section 67 of I.T. Act, 2008.

5. Taking into consideration the submissions and taking into consideration the nature and extent of overt act alleged against the applicant, the maximum punishment which could be awarded for the alleged offence and further taking into consideration that the investigation is complete, charge sheet has been filed and there is no material to show that the applicant is likely to abscond or tamper with the prosecution witnesses, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha