High Court Of ChhattisgarhMCRC/7431/2018allowed

Kaushal Banjare v. State Of Chhattisgarh

2018-10-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7431 of 2018 Kaushal Banjare S/o Melaram Banjare Aged About 26 Years R/o Village Limhipur, P.S. Pandariya, District : Kawardha (Kabirdham), Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through SHO Police Station Pandariya, District : Kawardha (Kabirdham), Chhattisgarh --- Respondent For the applicant :

Mr. Nitansh Jaiswal, Advocate.

For the Respondent :

Mr. D.R. Minj, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .10.2018

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.128/2018 registered at Police Station Pandariya, Distt. Kabirdham (C.G) for the offences punishable under Sections 354, 506, 323 of IPC and Section 8 of the Protection of Children from Sexual Offence Act.

2. As per the prosecution case, a report was made by the victim that on 18.8.2018, the present applicant caught hold of her, touched her private parts and pressed her breasts, thereby he outraged the modesty of the victim.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated. He further submits charge sheet has been filed, no further investigation is necessary and the applicant is in jail since 20.08.2018, therefore, he may be enlarged on bail

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

5. Perused the statement of the victim. Taking into the degree of allegations and the fact that the charge sheet has been filed in this case, no further investigation is necessary and the applicant is in jail since 20.08.2018, 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