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High Court Of ChhattisgarhMCRC/6235/2017allowed

Ravi Verma v. State Of Chhattisgarh

2017-12-07Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6235 of 2017 Ravi Verma, S/o. Santosh Verma, Aged About 18 Years, R/o. Village Kirki, Police Station & District Bemetara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through The Police Station Bemetara, District Bemetara, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Malay Kumar Bhaduri, Advocate For Respondent :

Mr. S.K.Mishra, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.12.2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.549/2017 registered at Police Station- Bemetara, Distt. Bemetara (C.G.) for the offence punishable under Sections 354/34 of Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act.

2.

As per the prosecution case, the applicant Ravi Verma and coaccused Nikhil Verma are students, they have allegedly stopped the prosecutrix on public road and sexually assaulted her exhibiting applicant's love with her. As a result of the incident, the prosecutrix stopped attending the school, which compelled the Teachers to console her and her parents to motivate them to send the prosecutrix to school.

3.

Learned counsel for the applicant would submit that the similarly placed co-accused has been enlarged on bail by the co-ordinate

Bench of this Court on 29.11.2017 in MCRC No.6109 of 2017 and the case of the present applicant is similar to that case, therefore, the present applicant may also be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, he do not dispute the fact that the similarly placed co-accused has been enlarged on bail.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and the fact that the similarly placed co-accused has already been enlarged on bail, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok