Deepak Kumar Arya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7257 of 2019 • Deepak Kumar Arya S/o Ramapati Arya Aged About 19 Years R/o Kachiya Madhiya Pakar Bhinda Police Station Patrewa, District Kusinagar, Uttar Pradesh, Present R/o Bapunagar Sector 11 Zone 2 Khurseepar And House Of Shambhu Yadav Bijli Nagar, Bhilai- 3, District Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through S.H.O. Police Station Old Bhilai, District Durg, Chhattisgarh.

---- Respondent For Applicant :

Mr. Vijay Kumar Sahu, Advocate.

For Respondent :

Mr. Vinod Kumar Tekam, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07.01.2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 185/2019 registered at Police Station - Old Bhilai District Durg (C.G.) for the offence punishable under Sections 354, 354(B), 363, 342, 506(B) of IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012. • The prosecution story in brief is that, a report has been lodged by complainant on 14.04.2019 alleging that while she was returning with her mother to her home, at the same time, the applicant abducted her and took her to his home, called his friend and tried to outrage her modesty and also made her video clip. On the basis of that, after investigation, offence has been registered against the applicant and he has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is in jail since 15.04.2019 and he is ready to furnish adequate surety ad shall abide by all the directions and conditions, which may be imposed by this Court, theretofore, he may be granted bail. • On the other hand, counsel for the State opposes the bail application.

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

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering the detention period of applicant, as 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.

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

Sd/- (Rajani Dubey) Judge Vijay Sahu