Lalman Sonkar @ Kharha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7254 of 2016 • Lalman Sonkar @ Kharha S/o Shyam Lal Sonkar, Aged About 42 Years R/o Shukrawari Bazar, Pahadi Chowk, Gudiyari, Raipur, Tahsil And District Raipur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Office, Police Station Kumhari, District Durg Chhattisgarh ---- Respondent For Petitioner :

Shri Shikhar Sharma, Advocate For Respondent/State :

Shri Manish Nigam, Panel Lawyer S.B. :

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/11/2016 Heard.

2.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.216/2016 registered at Police Station Kumhari, District Durg for the offence punishable under Section 452 & 354 of IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012. The applicant has been arrested on 26-08-2016. 3.

Case of the prosecution is that the applicant with an intention to outrage the modesty, caught hold of the wrist of the prosecutrix. 4.

Learned counsel for applicant submits that a false case has been registered against the applicant only on the basis of suspicion, whereas he never had any such intention.

5.

On the other hand, learned State counsel opposed the prayer for grant of

bail on the submission that the applicant had bad intention and it was with this intention, caught hold the wrist of the prosecutrix. 6.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the extent of overt act alleged to have been committed, investigation is complete, charge sheet has been filed and merely because, the applicant is a permanent resident of Uttar Pradesh, he is not likely to abscond, the application is allowed. 7.

It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.20,000/- along with one local surety of the like amount to the satisfaction of the trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted.

SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane