Juned Hasan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 927 of 2018 • Juned Hasan S/o Shri Abdul Hasan, Aged About 16 Years, By Caste Kassao, R/o Near Sai Baba Tiraha, Manendragarh, Distt. Koriya being minor through father Abdul Salam, 48 Years, S/o Late Abdul Hakim, R/o Near Sai Baba Tiraha, Manendragarh, Distt. Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, through Police Station Manendragarh, Distt. Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Non-applicant For Applicant - Shri Parag Kotecha, Advocate. For Non-applicant/State - Shri Ashok Swarnkar, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30-08-2018 1.

Apprehending arrest in connection with Crime No.169/2018, registered at Police Station - Manendragarh, Distt. Koriya, Chhattisgarh for offence punishable under Section 341, 354, 354(A), 354(B) of the IPC, the applicant has preferred this application for grant of anticipatory bail. 2.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is minor and the victim in this case is of age 20 years who has lodged the false FIR against this applicant. Hence, it is prayed that the applicant may be granted anticipatory bail. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

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

It is alleged that this applicant on the date of incident caught hold hand of the victim and tried to pull her, hence, the FIR has been lodged in this case. 6.

Considered on the entire material present in the case diary and looking to the age of this applicant, it appears that he is clearly a juvenile offender. Hence, for these reasons, I am of this opinion that this applicant should be benefited with grant of anticipatory bail.

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Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that 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. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil