High Court Of ChhattisgarhMCRC/8591/2018allowed

Ravi Kumar @ Sonu v. State Of Chhattisgarh

2018-11-28Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8591 of 2018 • Ravi Kumar @ Sonu S/o Tirath Prasad, aged about 23 Years R/o- VillagePremnagar, Post Office and Police Station- Podi, District- Koriya, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through- The Station House Officer, Police StationPodi, District- Koriya, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Shri Shivendu Pandya, Advocate.

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

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 28/11/2018

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. 74/2018, registered at Police Station - Podi, DistrictKoriya, (C.G.) for the offence punishable under Sections 452, 354, 354 (A) of IPC and Section 8 of POCSO Act, 2012.

2. As per the prosecution story, on 18.07.2018, at about 6:00 PM when the prosecutrix, who is a girl aged about 16 years, was alone in her house, allegedly present Applicant entered inside the house and caught hold the complainant/prosecutrix. He threatened her also and committed to outrage the modesty of the prosecutrix. Thereafter the Applicant ran away from the spot. Report was lodged by the prosecutrix and on the basis of the said report, offence has been registered against the present Applicant. He has been taken into custody on 18.07.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the

Applicant is innocent and has been falsely implicated in the case. He further states that charge-sheet has already been filed and the Applicant is in custody since 18.07.2018. Therefore, he may be released on bail.

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

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

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that charge-sheet has already been filed, the Applicant is in custody since 18.07.2018, and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him 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 solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash