Ramkripal Rajwade v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5247 of 2018 Ramkripal Rajwade, S/o. Mohar Sai Rajwade, Aged About 23 Years, R/o. Village Danouli Khurd, Police Station Jhilmili, District Surajpur Chhattisgarh. ---- Applicant

Versus

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

Mr. Anil Gulati, Advocate For Respondent :

Mrs. Smita Ghai, P.L..

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 14/08/2018 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.60/2018, registered at Police Station- Jhilmili, District - Surajpur (C.G.) for the offence punishable under Section 354 (x) of the Indian Penal Code and Section 67(A) of Information Technology Act and Section 12, 14 (1) of Protection of Children from Sexual Offences Act. 2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Applicant is in jail since 10.05.2018. Charge-sheet in this case has been filed after completion of investigation. No case is made out against them according to the material present in the charge-sheet. 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 the applicant is this that he has taken photographs of the victim of this case while she was taking bath and she was in objectionable condition and that has been made viral by posting in social media network.

6.

Considered the submissions made and the contents of the case diary. Considering the entire material present in the case diary and for the reason that now the charge-sheet has been filed and the trial of the case is likely to take sometime for its completion, hence, for this reasons, this Court is of the opinion that present is a fit case, in which, the applicants 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 their 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