Nanhiram Mandavi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9698 of 2018 Nanhiram Mandavi S/o Somaruram Mandavi Aged About 21 Years Caste Madiya, R/o Village Neganar, Police Station Lohandiguda, District Bastar Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Karpavand, District Bastar Chhattisgarh ---- Respondent For applicant Mr. Malay Shrivastava, Adv.

For Respondent/State Mr. Vinod Tekam, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16-11. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 55/2018 registered in police station Karpavand, Distt. Bastar (CG) for offence punishable under Section 354 of the IPC and Section 8 of the POCSO Act.

3. Prosecution story in brief is that prosecutrix is about 16 years old, she is a resident of village Mangnar. On 23-9-2018, the applicant caught hold the prosecutrix and tried to take her towards Kaju plants. He had pulled her salvar and leggis.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he be released on bail.

5. On the other hand, the Panel Lawyer appearing for the State opposed the bail application. However, he submits that no criminal antecedent of the applicant is reported in the police case diary.

6. Looking to the above facts and circumstances of the case, and as trial will take its own time, the application is allowed. It is

ordered that if the applicant furnishes two solvent sureties for a sum of Rs. 25,000/- each along with one personal bond of 50,000/- to the satisfaction of the trial Court concerned with condition that he will not commit any offence in future, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak