Paremeshwar Netam v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4809 of 2019 • Paremeshwar Netam S/o Late Patiram Aged About 35 Years R/o Village Donde, Police Station Pakhanjur, District North Bastar, Kanker, Chhattisgarh., District : Kanker, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Sho Police Station Bhanupratappur, District North Bastar Kanker, Chhattisgarh., District : Kanker, Chhattisgarh ---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Rajesh Kumar Tiwari, Advocate For Respondent/State : Shri Anil Tripathi, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 14.8.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.169/2018, registered at Police Station Bhanupratappur, District North Bastar Kanker (CG) for the offence punishable under Section 354 of the IPC and Section 8 of the Protection of Children from Sexual Offencs Act, 2012.

3.

As per the case of prosecution, the prosecutrix lodged a report that the applicant, who is giving her tuition, on 9.12.2018 tried to outrage her modesty.

4.

Learned counsel for the applicant submits that the applicant has not committed any offence. The prosecutrix has come up with cooked story against the applicant. He submits the applicant is in jail since 15.4.2019 and trial will take some time

for its final disposal, therefore, the applicant may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the fact that the applicant is in jail since 15.4.2019, I am of the opinion that present is a fit case to release the applicant on bail.

8.

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

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita