High Court Of ChhattisgarhMCRC/8550/2018allowed

Jitendra Sethiya v. State Of Chhattisgarh

2019-01-03Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8550 of 2018 • Jitendra Sethiya S/o Anat Ram Sethiya Aged About 20 Years R/o Village Sonabal, Bandhapara, P. S. And District Kondagaon, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station, Kondagaon, District Kondagaon, Chhattisgarh.

---- Respondent For Applicant : Shri Shobhit Koshta, Advocate.

For Respondent/State : Shri UKS Chandel, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 03/01/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 217/2018, registered at Police Station Kondagaon, District Kondagaon (C.G.) for the offence punishable under Sections 452, 294, 323, 506 & 354 of the IPC and Section 8 of the POCSO Act.

2. As per the prosecution story, on 31.08.2018, the applicant entered in the school of the prosecutrix where she was sitting thereafter started abusing and slapping her and also tried to touch her hands and shoulder. Report was made by prosecutrix. On the basis of said report, offence has been registered against the applicant and he has been arrested on 05.09.2018.

3. Learned counsel appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is in custody since 05-092018, charge-sheet has already been filed and trial will take some

time, therefore, he may be 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.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicant is in custody since 05-09-2018, charge-sheet has already been filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one local solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham