Awadhesh Kumar Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.
4 9 62 of 2015 • Awadhesh Kumar Sahu, S/o Ramlochan Sahu, aged about 21 years, Caste- Teli, R/o (Gandhinagar) Premnagar, P.S. & Tahsil-Premnagar, Civil & Revenue Distt. Surajpur (C.G.) ---- Applicant
Versus
• State Of Chhattisgarh Through- the Police Station - Premnagar, Distt. Surajpur (C.G.) ---- Non-applicant For Applicant:
Mr. A.N. Pandey, Advocate.
For Respondent/State:
Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 2 3 /0 9 /2015 Heard.
(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 95/2015 registered at Police Station Premnagar, Distt. Surajpur for the offences punishable under Sections 354(A) of the Indian Penal Code and u/S 7 & 8 of Protection of Child from Sexual Offences Act.
(2) Case of the prosecution, in brief, is that on 15.08.2015 applicant sexually harrassed the minor complainant and, thereby, committed the aforesaid offences.
(3) Counsel for the applicant submits that the applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that the applicant is in jail since 18.08.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.
(5) Taking into consideration the facts & circumstances of the case; role of the present applicant in the crime in question; further considering the facts that applicant is in jail since 18.8.2015 and the charge sheet has already been filed; this Court is of the opinion that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.
Certified copy, as per rules.
Sd/- (Sanjay K. Agrawal) Judge D/-