High Court Of ChhattisgarhMCRC/9017/2021allowed

Indranath v. State Of Chhattisgarh

2021-12-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9017 of 2021 Indranath S/o Hari Ram Aged About 35 Years Caste- Bhuiyar, R/o Sakhin- Kenda Pani Dhondhadhih, Police StationTapkara, District- Jashpur, Chhattisgarh. --- Applicant

Versus

State of Chhattisgarh through Police Station- Tapkara District- Jashpur, Chhattisgarh. --- Respondent For the applicant :

Mr. A.K. Yadav, Advocate.

For the Respondent :

Mr. Sanjay Pathak, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2021

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.64/2021 registered at Police Station Tapkara (C.G) for the offences punishable under Sections 354, 456, 323 of IPC and section 9 and 10 of POCSO Act, 2012.

2. As per the prosecution case, the applicant forcibly entered into the house of victim and family members and caught hold of her and slapped on her private part thereby he tried to outrage the modesty of the girl. The victim being minor, the offence was registered.

3. Learned counsel for the applicant submits that over a trivial dispute, the incident happened and the appellant is in jail since 12.07.2021. He submits that on 10.12.2021, the victim along with guardian Jaiprakash appeared before this Court through video conferencing from DLSA Jashpur and they did

not object to grant of bail. He further submits that the charge sheet has been filed, no further investigation is necessary in this case and the applicant is in jail since 12.07.2021, therefore, he may be enlarged on bail.

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

5. Considering the fact that the victim along with guardian Jai Prakash appeared before this Court through video conferencing and they stated no-objection to grant of bail as also the fact that the charge sheet has been filed and the applicant is stated to be in jail since 12.07.2021, without going into the merits of the case, I am inclined to allow this bail application.

6. 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 for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao