Lochan Salame And Another v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8495 of 2020

1. Lochan Salame S/o Rajaram Salame, Aged About 19 Years R/o Kosharampara Police Station Manpur, District Rajnandgaon Chhattisgarh.

2. Vilash Kumar Simpy @ Biliya S/o Janu Ram Aged About 30 Years R/o Bazarpara, Sitagaon, District Rajnandgaon Chhattisgarh. Present Address - Kosharampara Manpur, Tahsil And District Rajnandgaon Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh, Through - Station House Officer, Police Station - Manpur, District - Rajnandgaon Chhattisgarh.

---- Respondent For the Applicants :

Shri Aditya Bharadwaj, Advocate.

For the Respondent/State :

Shri Kunal Das, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

14.01.2021 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.58 of 2020, registered at Police Station - Manpur, District - Rajnandgaon, Chhattisgarh for the offence punishable under Section 354(B), 34 of the Indian Penal Code and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012. 2.

Learned counsel for the applicants submits that the applicants are in jail since 23.9.2020 and have been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. Hence, it is

prayed that the applicants be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that looking to the allegations present against these applicants they are not entitled for grant of bail.

4.

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

The prosecution case is that on the date of incident both the applicants made an attempt to disrobe the minor victim aged about 9 years and then they also fondled her body and private parts. The alarm was raised by the victim. Subsequent to which, the FIR has been lodged. 6.

Considered the submissions and the facts present in this case. The case has been investigated and the charge-sheet has been filed. The trial of the case is likely to take some time for its final disposal, therefore, I feel inclined to grant bail to the applicants in this case. 7.

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

8.

It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. In case any default is committed by the

applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi