Parauram Markam v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8376 of 2020 Parauram Markam, S/o Pilaram, aged about 46 years, R/o Village Bhujari, Tahsil Chhuikhadan, District Rajnandgaon (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, Through - Station House Officer, Police Station - Bakarkatta, District Rajnandgaon (C.G.) ---- Non-applicant For Applicant : Mr. Abhishek Sharma, Advocate.

For Non-applicant/State : Mr. Neeraj Pradhan, P.L. S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/03/2021 Heard.

1. The applicant has been arrested in connection with Crime No. 10/2020 registered at Police Station Bakarkatta, District Rajnandgaon (C.G.) for the alleged commission of offence punishable under Sections 354A(1)(i)(ii) & 354D(i) of the Indian Penal Code. intercept

2. Case of the prosecution is that applicant intercepted and caught hold of hands and wrist of the prosecutrix with an intention to outrage her modesty and thereby committed the aforesaid offence.

3. Learned counsel for the applicant would submit that false and forged complaint has been lodged against the present applicant and he has no such intention. He would further submit that the applicant has been arrested and thereafter he is in jail for last more than four months, investigation is complete, charge sheet has been filed and as the maximum

-2punishment for the alleged commission of offence is 3 years, at this stage, the applicant may be granted bail.

4. On the other hand, counsel for the State/non-applicant would submit that statement of the prosecutrix that the applicant caught hold of her (prosecutrix) wrist, intention to outrage her modesty is prima facie made out

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the nature of allegation made against the applicant, particularly, criminal overt act and the extent to which the offence is alleged to have been committed, period of pre-trial detention and the maximum sentence, which could be awarded for the alleged commission of offence, I am inclined to release the applicant on bail.

7. The application is accordingly allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties 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. (iii) If it is found that applicant is making any attempt to confer with the prosecutrix, the bail granted to him shall be liable to be cancelled. SS909dddddlkfdk (9 SSd/- (Manindra Mohan Shrivastava) Judge