Uttara Kumar Kurre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2817 of 2017 Uttara Kumar Kurre S/o Samay Lal Kurre Aged About 43 Years R/o Shantipara Camp - 1, Near Bhilai Government Hospital, Police Station Chhawani, District Durg Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Though The Station House Officer, Police Station Chhawani, District Durg Chhattisgarh ---- Respondent Shri Jitendra Gupta, counsel for the applicant/s. Shri D.R.Minj, Dy.G.A. for the State.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/05/2017 Heard.

This is second bail application.

The applicant has been arrested in connection with Crime No.765/2016 registered at Police Station - Chhawani, District - Durg (CG) for alleged commission of offences under Section 354, 454 of IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012. 2.

Case of the prosecution is that the applicant entered the house of the prosecutrix and it is alleged that he attempted to outrage her modesty. 3.

Learned counsel for the applicant submits that the allegations are false. In fact, the applicant and the prosecutrix had an affair and it is only when they were caught in the house that the allegation have been leveled. It is submitted that investigation is complete and charge sheet has been filed. 4.

On the other hand, learned State counsel opposes bail application and submits that according to the statement under Section 164 CrPC of the prosecutrix,

the applicant attempted to grab her.

5.

Taking into consideration the submission of learned counsel for the parties, nature and extent of the overt act and that investigation is complete and charge sheet has been filed, I am inclined to grant bail to the applicant. 6.

Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for 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 from appearance.

Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti