Geeteshwar Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No. 6198 of 2019 Geeteshwar Verma S/o Jarman Verma Aged About 24 Years R/o Village Banjee, Police Station Bemetra, District Bemetra, Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh Through The Police Station Bemetra, District Bemetra, Chhattisgarh.

---- Respondent For Applicant : Shri Jitendra Shukla, Advocate.

For Respondent/State : Shri B.L. Sahu, Panel Lawyer.

Hon'ble Smt. Justice Rajani Dubey Order on Board 23/10/2019

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.459/2019, registered at Police StationBemetra, Distt. Bemetra, (C.G.) for the offence punishable under Sections 451, 354 of the Indian Penal Code and Sections 8 & 12 of the Protection of Child From Sexual Offences Act, 2012.

2. As per prosecution story on 23.8.2019, at about 4 :00 pm, prosecutrix had alone in her house, and at the relevant point of time, accused/applicant forcefully entered into her house and caught hold to her, outrage her modesty and also assaulted her. Based on which, offence has been registered against the applicant and he was arrested. Hence, this case.

3. Learned counsel appearing on behalf of the applicant submits that applicant is innocent and he has been falsely implicated in this case. He further submitted that prosecutrix and applicant are relative and she was a major girl on the date of accident, no reliable evidence produced by the prosecution to show that she was minor on that date, case is pending, trial is likely to take some time, therefore, the applicant may released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

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

6. Considering the facts and circumstances of the case, particularly considering the fact that charge-sheet has already been filed and the applicant is in custody since 04.09.2019, trial is likely to take some time for its conclusion, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail on executing a personal bond in the sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the concerned trial Court for his appearance before it as and when directed. Sd/- (Rajani Dubey) Judge jamal