Manoj Tigga v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6542 of 2017 • Manoj Tigga S/o Julius Tigga Aged About 35 Years Caste Uraon, R/o Village Amagaon, Neempara, P.S. Ramanujnagar, District Surajpur Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through The Police Station Ramanujnagar, Distt. Surajpur Chhattisgarh.

---- Respondent For Applicant Mr. Shakti Raj Sinha, Advocate For Respondent /State Mr. R. Tripathi, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/12/2017

1. Heard.

2. This is an 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.90/2017, registered at Police Station Ramanujnagar, District Surajpur (CG) for the offence punishable under Sections 354 A, 323, 509(B), 342 of IPC and Section 4 of the Protection of Children from Sexual Offences Act.

3. It is alleged by the prosecution that the applicant had taken

naked photographs of the prosecutrix and threatened to upload the same on Whatsapp.

4. Learned counsel for the State would not dispute that neither in the FIR nor in the statement under Section 161 of Cr.PC, there was any allegation of commission of rape, which was added subsequently at the time of filing of the charge sheet.

5. Considering the entire facts' situation of the case, this Court is inclined to release the applicant on regular bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules. Sd/- Judge (Prashant Kumar Mishra) Shyna