Mukesh Rajwade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9142 of 2018 Mukesh Rajwade S/o Pannelal Rajwade Aged About 19 Years R/o Pendrakhi Patelpara, Police Station Jainagar, District - Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Jainagar, District - Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh.

---- Respondent For the Applicant :

Shri Shakti Raj Sinha, Advocate For the State :

Shri Satish Gupta, G.A.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /12/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.299/18 registered at Police Station Jainagar, District Surajpur (C.G.) for the offence punishable under Section 341, 354, 354(A), 354 (D) of IPC and 8 & 11 of POCSO Act.

3. Case of the prosecution, in brief is that prosecutrix is about 16 years old. She is resident of village pendrakhi. On 16/10/2018 about 09.45 a.m. near the stadium at village Kandrai prosecutrix was going to school. Applicant restrained her and to outrage her modesty caught hold her and tried to forcefully sit on motorcycle.

4. Learned counsel for the applicant submits that he has innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the 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 trial Court concerned with the condition that he will not involve himself in any of the crime in future, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde