Chhote Lal v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 9496 of 2020 • Chhote Lal S/o Shri Mangal Uraon Aged About 40 Years R/o Village Pandaripani, P.S. Chakardhar Nagar, Raigarh, Tahsil And District Raigarh, Civil And Revenue District Raigarh Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Chakardhar Nagar, Raigarh, District Raigarh Chhattisgarh ---- Non-applicant For Applicant : Mr. Manoj Kumar Sinha, Advocate.

For Non-applicant/State : Mr. Kunal Das, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 20-01-2021

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 25.11.2020 in connection with Crime No.354/2020, registered at Police StationChakardhar Nagar, Raigarh, District- Raigarh, C.G. for offence punishable under Sections 354 and 342 of I.P.C. and Section 08 of POCSO Act.

2. It is submitted by learned counsel for the applicant that the applicant is in jail since 25.11.2020 and has been falsely implicated in this case. Charge-sheet has been filed after completion of investigation, therefore, it is prayed that the application may be allowed.

3. Learned counsel for the State/non-applicant opposes the application and submits that the age of the minor victim in this case is only 8 years,

-2therefore, the allegation against the applicant is of serious nature, therefore, it is prayed that the application may be rejected.

4. Heard learned counsel for the parties and perused the case diary.

5. According to prosecution case, on the date of incident, the applicant took the minor victim of age 8 years to his house, where he made display of some obscene blue film and also physically touched the minor victim, thus outraged her modesty. Hence, this case.

6. Considered on the submissions, as the investigation in this case is complete and there is no specific reason to keep the applicant in continued detention, therefore, I feel inclined to allow this application.

7. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the 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 Court, for his appearance as and when directed.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika