Gobla Chandrashekhar vs State Of Chhattisgarh

Heard.

This is an application filed under section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.125/2021 registered at Police Station GRP Charoda, District Durg (CG) for the offence punishable under Sections 8, 12 of the POCSO Act and Sections 354, 354 B, 506(B) of the IPC.

The prosecution case is that on the date of the incident i.e 20.12.2021, at 9:00 p.m., the prosecutrix, who is a minor, along with her sister went to PP Yard Colony, Bhilai and while they were eating some snacks, the applicant tried to make video of the prosecutrix. When both the girls objected to the said act, the applicant outraged the modesty of the prosecutrix and also threatened to viral the video. Hence, the offence has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant is a well qualified B.Tech graduate. The prosecutrix is involved in illegal act by blackmailing the applicant and also demanding money from him on the pretext of lodging a false police report. He further submits that the prior to such incident, on 11.10.2021, a written complaint has been made by the applicant to the Superintendent of Police (Railways), Raipur informing about the illegal activities near his house. The present incident was also informed by the applicant on 21.12.2021 by a written complaint addressed to the DGP, Raipur and a copy to the SP (Railways), Raipur. He submits that boys and girls used to roam near the house of the applicant, which was objected by the applicant and thereafter, the prosecutrix along with some boys came to his house and snatched his mobile phone. This incident was informed by the applicant to the Police and he also requested them to track his mobile phone, by a written complaint. Learned counsel further submits that a total false story has been fabricated against the present applicant, who is in jail since 22.12.2021, therefore, he prays for releasing the applicant on regular bail.

On the other hand, learned counsel for the State as also learned counsel for the Objector oppose the bail application.

Having considered the submissions of learned counsel for the parties, the nature of allegations and particularly considering the period of detention, without commenting anything on the merits of the case, I am inclined to release the applicant on regular bail.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.