High Court Of ChhattisgarhMCRC/1262/2017allowed

Heeralal v. State Of Chhattisgarh

2017-02-27Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1262 of 2017 Heeralal S/o Hari Manjhi, Aged About 23 Years R/o Ward No.11, Dabara Para Bagbahara, Police Station And Tahsil- Bagabahara, District - Mahasamund, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through: Station House Officer, Police Station - Bagabahara, District-Mahasamund, Chhattisgarh. ---- Respondent For Applicant :

Shri Vikash Pradhan, Advocate For Respondent/State :

Shri Neeraj Sharma, Dy. Govt. Advocate S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/02/2017 Heard.

1. The applicant has been arrested in connection with Crime No.170 of 2016 registered in Police Station- Bagbahara, District -Mahasamund (C.G.) for allege commission of offence under Sections 354, 509 IPC and Section 12 of the Protection of Children from Sexual Offences Act, 2012.

2. Learned counsel for the applicant submits that the co-accused Kausal Dewar who is the main accused, has already been granted bail by this Court vide order dated 30.1.2017 passed in MCRC No.612 of 2017.

3. After going through the order dated 30.1.2017 placed for perusal of the Court, I find that the main accused of the case who is alleged to have caught hold of wrist of the prosecutrix has been granted bail by this Court. Considering that the applicant is the other co-accused who is alleged to be driving motorcycle with the main accused against whom the allegation of outraging modesty is alleged and taking into consideration that the investigation is complete, charge sheet

-2has been filed and in view of order dated 30.1.2017 passed in MCRC No.612 of 2017, I am inclined to enlarge the applicant on bail.

4. The application is accordingly allowed. 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 Praveen