High Court Of ChhattisgarhMCRC/6162/2017allowed

Khelsai Singh Kherwar v. State Of Chhattisgarh

2017-11-27Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6162 of 2017 Khelsai Singh Kherwar S/o Mahesh Singh Aged About 18 Years R/o Village Bhawarmal, Police Station Ramanujganj, District Balramkpur, Ramanujganj, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Ramanujganj, District Balrampur Ramanujganj, Chhattisgarh.

---- Respondent For Applicant :

Shri A.K. Yadav, Advocate For State :

Shri Chandresh Shrivastava, Panel Lawyer S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/11/2017 Heard.

1. The applicant is arrested in connection with Crime No.67 of 2017 registered in Police Station- Ramanujganj, District- Balrampur (C.G.) for alleged commission of offence under Sections 354, 456 IPC and Section 7 of the Protection of Children from Sexual Offences Act 2012.

2. Case of the prosecution, in brief, is that the applicant attempted to catch hold of the prosecutrix's hands with intention to outrage her modesty. The prosecutrix is stated to be minor in age.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated. He had no intention of outraging modesty. The investigation is complete and charge sheet has been filed, the applicant is in jail since 12.5.2017, therefore, he may be released on bail.

4. On the other hand, learned counsel for the State, opposing the bail application, submits that looking to the alleged overt act, the applicant may not be granted bail.

5. Having perused the case diary, taking into consideration the submission made

-2by learned counsel for the parties and nature of overt act alleged to be done by the applicant, considering that the applicant is in jail since 12.5.2017 and is not likely to abscond, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court, with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen