High Court Of ChhattisgarhMCRC/7285/2018allowed

Sandeep Sahu v. State Of Chhattisgarh

2018-10-30Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7285 of 2018 • Sandeep Sahu, S/o Guljarilal Sahu, aged about 20 years, R/o Ramanujganj, Khalpara, P.S. & Tehsil- Ramanujnagar, District- Surajpur, (C.G.).

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Ramanujnagar, Revenue & Civil District- Surajpur, (C.G.).

---- Respondent __________________________________________________________________ For Applicant : Shri Sarfaraj Khan, Advocate.

For Respondent/State : Shri Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 30/10/2018

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 101/2018, registered at Police Station - Ramanujnagar, District- Surajpur, (C.G.) for the offence punishable under Section 354 (Ä), 506 of the IPC and Section 12 of POCSO Act.

2. As per the prosecution story, prosecutrix, who is a girl aged about 16 years, lodged a report against the Applicant wherein it was stated that the Applicant used to follow her every now and then and tried to outrage her modesty. On the date of incident i.e. 17.06.2018, when prosecutrix was returning from the coaching, Applicant sent one mobile phone for her through his friend. When she denied for taking the mobile and receiving his calls, Applicant threatened to rape and kill her. On the basis of the said report, offence has been registered against the Applicant. He has been taken into custody on 03.07.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the

Applicant is innocent and has been falsely implicated in the case. He further submits that the Applicant is in custody since 03.07.2018 and trial will take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 03.07.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash