Tekram Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5324 of 2016 • Tekram Yadav S/o - Budhuram Yadav Aged About 37 Years R/o - Village - Bhursuda, P.S. - Nevra, District - Raipur Chhattisgarh --- Applicant

Versus

• State of Chhattisgarh through Station House Officer, P.S. Nevra, District - Raipur Chhattisgarh --- Respondent For the applicant :

Mr. V.C. Ottalwar Advocate with Mr.

F.S. Khare, Advocate.

For the Respondent :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.09.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 176/2016 registered at P.S. Nevra, Distt. Raipur (C.G) for the offence punishable under Sections 354 (B) of IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

2. As per the prosecution case, a report was made by the victim that when she went to the applicant for treatment, the applicant in order to check her Blood Pressure and weight called her inside the room and thereafter when she went inside the chamber caught hold of her hand and kissed her and also pressed her breasts, thereby he tried to outrage the modesty of the victim.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated; charge sheet in this case has been filed and no further investigation and evidence are necessary. It is also submitted that the charge

sheet in this case has been filed and the applicant is in jail since 19.06.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and other documents.

6. Considering the facts and circumstances of the case and taking into degree of allegations levelled against the applicant and the fact that the charge sheet in this case has been filed and the applicant is stated to be in jail since 19.,06.2016, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o