Roshan Kumar Jangde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7217 of 2019 • Roshan Kumar Jangde S/o Parsottam Jangde Aged About 23 Years, R/o Village - Boriya (Ghivri), Police Station And District Bemetara, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station Bemetara, District Bemetara, Chhattisgarh.

---- Respondent For Applicant :

Mr. Sanjeev Kumar Sahu, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07/01/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 499/2019 registered at Police Station-Bemetara, District-Bemetara (C.G.) for the offence punishable under Sections 354, 506 of the IPC and 8, 12 of POCSO Act.

2. The prosecution story, is that mother of the victim informed to the police that on 16.09.2019 at about 5 pm. when her daughter was going to her father's sister house on the way the present applicant tease her daughter with the intention to outrage her modesty. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 19.09.2019,

there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 19.09.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu