Santosh Ekka v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.
5 20 Santosh Ekka, S/o Late Shri Stanislas Ekka, aged about 34 years, Caste - Urawn, R/o Village Joratrai, ThanaNarayanpur, District - Jashpur (C.G.) ---- Applicant
Versus
State Of Chhattisgarh Through:
S.H.O.-Narayanpur, District - Jashpur (C.G.) ---- Non-applicant For Applicant:
Mr. Neeraj Choubey, Advocate.
For Respondent/State:
Mr. Neeraj Kumar Sharma, Deputy Govt.
Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board / 1 0/2015 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. 05/2015 registered at Police Station Narayanpur, Jashpur (C.G.) for the offences punishable under Section 11(iv) of the Protection of Children from Sexual Offences Act, 2012. (2) Case of the prosecution, in brief, is that applicant sexually harassed the minor complainant/child by constantly following through electronic/digital means 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 applicant is in jail since 01.05.2015; charge sheet has 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; looking to the nature & gravity of the offence; further considering the facts that applicant is in jail since 01.05.2015; and the charge sheet has already been filed; this court is of the view 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 to him by the said Court till disposal of the trial. Sd/- (Sanjay K. Agrawal) Judge D/-