High Court Of ChhattisgarhMCRC/6133/2019allowed

Tanveer Aalam @ Rinku v. State Of Chhattisgarh

2019-11-21Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6133 of 2019 • Tanveer Aalam @ Rinku S/o Abdul Kayum Aged About 27 Years, R/o Village Ward No. 03, Jailpara, Ramanujganj, Police Station Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh.

---- Respondent For Applicant :

Mr. A.K. Yadav, Adv.

For Respondent/State :

Ms. Akshra Amit, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 21.11.2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 74/2019 registered at Police Station Ramanujganj, District-BalrampurRamanujganj (C.G.) for the offence punishable under Sections 354 of the IPC and 7, 8 of the POCSO Act.

2. The prosecution story, in brief is that, on 22.04.2019 the applicant was trying to outrage prosecutrix modesty and abused her. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that thee is no direct evidence against the applicant. The applicant is in jail since 02.05.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail

application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that there is no direct evidence against the present applicant. The present applicant is in jail since 02.05.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu