High CourtsSingle Bench

Ajay vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 13 March 2019 · Citation: (2019) 03 CHH CK 0122

HON’BLE JUDGES
Sharad Kumar Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 363, 354(B) · Protection Of Children from Sexual Offences Act, 2012 — Section 8 · Motor Vehicles Act, 1988 — Section 3, 181
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 1421 Of 2019
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Judgment

8 paragraphs · 262 words

Sharad Kumar Gupta, J

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.08/2019 registered at Police Station Chhuria, District Rajnandgaon (C.G.) for the offence punishable under Section 363, 354 (B) of IPC, Section 8 of POCSO Act and Section 3/181 of Motor Vehicles Act.

3.

Case of the prosecution, in brief is that prosecutrix is about 12 years old. She is resident of Dongargarh. On 08/01/2019 at about 3.30 p.m. at Jhinjhari Road applicant had fallen down her in the field, pressed her neck and tried to remove her slacks.

4.

Learned counsel for the applicant submits that he is 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 one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in such type of crime in future, he shall be released on bail.

7.

Certified copy as per rules.