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High Court Of ChhattisgarhMCRC/9136/2020allowed

Vikram @ Chhotu Satnami (Wrongly Mentioned As Vikram @ Chhotu Sonwani) v. State Of Chhattisgarh

2021-03-09Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 9136 of 2020 Vikram @ Chhotu Satnami (Wrongly Mentioned As Vikram @ Chhotu Sonwani) S/o Lt. Shri Ramesh Chaturvedi Aged About 22 Years R/o Satnamipara, Satnaam Chowk, Urla P.S. Urla, District Raipur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Urla, District Raipur Chhattisgarh.

---- Respondent For the Applicant :

Shri Pragalbha Sharma, Advocate.

For the Respondent/State :

Ms. Smita Jha, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

09.03.2021 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 applicant who has been arrested in connection with Crime No.318 of 2020, registered at Police Station - Urla, District - Raipur, Chhattisgarh for the offence punishable under Sections 341, 294, 323, 324, 506, 354A and 352B of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act, 2012.

2.

Learned counsel for the applicant submits that the applicant is in jail since 12.10.2020 and has been falsely implicated in this case. The applicant has not committed any offence as alleged in the prosecution case. After completion of investigation, the charge-sheet has been filed. Hence, it is

prayed that the applicant 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 there is direct evidence present against this applicant regarding commission of offences, therefore, no case is made out for grant of bail to the applicant. 4.

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

According to the prosecution case, it is alleged that this applicant on account of one-sided love affair made a proposal to the minor victim, on her refusal this applicant got enraged, obstructed the minor prosecutrix on her way and abused her, threatened her and also assaulted her making use of shaving blade causing injuries to her and he also by use of physical force outraged her modesty. Hence, this case.

6.

Considered the submissions and the facts that are present in the case. After completion of investigation, the charge-sheet has been filed. After due consideration, looking to the period of detention of the applicant and the fact that the trial against the applicant is still not concluded, I am of the considered opinion that the applicant deserves to be released on bail. 7.

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

8.

It is directed that applicant shall be released on bail on his 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 his 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