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High Court Of ChhattisgarhMCRC/8772/2018allowed

Ankit @ Lalla v. State Of Chhattisgarh

2018-12-01Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8772 of 2018 • Ankit @ Lalla S/o Vijay Sahu Aged About 20 Years R/o- Darogapara, Police Station Kotwali, Tahsil And District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station- City Kotwali, Raigarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Non-applicant For Applicant : Mr. Tarun Dadsena on behalf of Shri Ashish Gupta, Advocates. For Non-applicant : Mr. S.K. Mishra, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 01.12.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 1311/2018 registered at Police Station - City Kotwali, Raigarh, DistrictRaigarh, (C.G.) for the offence punishable under Sections 294, 509, 354, 354(?k) of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

3. Case of the prosecution, in brief is that prosecutrix is aged about 15 years. She is resident of village Kotraroad, Raigarh. On 03.10.2018 applicant followed prosecutrix, used filthy words, used criminal force to outrage her modesty.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant. 6.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore