Rewa Ram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.1637 of 2017 • Rewa Ram Sahu S/o Aaju Ram Sahu, Aged About 20 Years R/o Village Dholiya Police Station Bemetara, District Durg Chhattisgarh At Present Utkal Nagar, Durg, Near Jitendra Kirana Shop, Out Post Padmanabhpur, Police Station Durg, District Durg Chhattisgarh ---- Petitioner

Versus

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

Shri T. K. Tiwari, Advocate For Respondent/State :

Shri Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/03/2017 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.882/2016 registered at Police Station Durg for the offence punishable under Section 354 of IPC and Section 7 & 8 of the Protection of Children from Sexual Offences Act, 2012.

3.

This is second application for grant of bail. First application was dismissed as withdrawn on 19-01-2017.

4.

Learned counsel for the applicant submits that in this case, investigation is complete, charge sheet has been filed and looking to the nature and extent of allegation against the applicant, at this stage, the applicant may be granted bail as he is not likely to abscond or tamper with the prosecution witnesses. 5.

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

bail on the submission that looking to the age of the prosecutrix and the allegations against the applicant, the applicant is not entitled to bail. 6.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration that the investigation is complete, charge sheet has been filed and also that the applicant is in jail since 04-12-2016 and further taking into consideration the allegations against the applicant, 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