Santosh Vaishnav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5499 of 2019 • Santosh Vaishnav S/o Kewaldas Vaishnav Aged About 24 Years R/o Village Atariya, Police Station And Tahsil Chhuikhandan, DistrictRajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station- Chhuikhandan, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Abhishek Sharma, Advocate For Respondent/State : Shri B. L. Sahu, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 08.11.2019 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.197/2019, registered at Police Station Chhuikhadan, District Rajnandgaon (CG) for the offence punishable under Sections 354, 354A(1)(i), 354A(1)(ii) of the IPC.

3.

As per the case of prosecution, complainant lodged a report that on 31.7.2019, at about 11.30 am, while she was all alone in the house, the applicant came in her house and caught hold of her hand and tried to outrage her modesty.

4.

Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the

case. He submits that the applicant is a Driver of School Bus and he went to take children for School. He submits that the applicant is in jail since 1.8.2019 and trial may 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, particularly considering the nature of allegations against the applicant and the applicant is in jail since 1.8.2019, 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 of the like amount 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