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High Court Of ChhattisgarhMCRC/8088/2019allowed

Diptu Janbandhu @ Ravi Janbandhu v. State Of Chhattisgarh

2020-02-03Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8088 of 2019 • Diptu Janbandhu @ Ravi Janbandhu S/o Narendra Janbandhu Aged About 25 Years R/o Ward No. 20, Bhurwatola, Dongargarh, Post Office, Police Station And Tahsil Dongargarh, District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Dongargarh, District Rajnandgaon Chhattisgarh. ---- Respondent For Applicant : Shri Shivendu Pandya, Advocate For Respondent/State : Shri Vinod Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 03/02/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.499/2019 registered at police station dongergarh, district Rajnandgaon (CG) for the offence punishable under Section 354 IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

Case of the prosecution in brief is that report was lodged by mother of the prosecutrix alleging that on the date of incident when her daughter was returning home, the applicant caught hold of her and made an attempt to outrage her modesty by touching her private part.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail since 22.09.2019; the charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the nature of allegation and the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna