High CourtsSingle Bench

Kamlesh Kumar vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 17 May 2021 · Citation: (2021) 05 CHH CK 0115

HON’BLE JUDGES
Goutam Bhaduri, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 354, 506 · Code Of Criminal Procedure, 1973 — Section 439 · Protection Of Children From Sexual Offences Act, 2012 — Section 8
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 1405 Of 2021
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Judgment

16 paragraphs · 291 words

Goutam Bhaduri, J

1.

This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection

with Crime No.43/2021 registered at Police Station Bemetara (C.G) for the offences punishable under Sections 354 & 506 of IPC and Section 8 of

the Protection of Children from Sexual Offences Act.

2.

As per the prosecution case, on 13.01.2021, when the victim girl went to meet him behind the residential house, the applicant caught hold of her and

tried to outrage the modesty and thereafter he put vermilion on her forehead and committed the offence.

3.

Learned counsel for the applicant submits that the charge sheet has been filed in this case and no further investigation is necessary. He further

submits that the applicant is in jail since 08.02.2021 and he may be enlarged on bail.

4.

Per contra, learned State Counsel opposes the bail application.

5.

After considering the statement of victim u/s 164 Cr.P.C., she appears to have been aged about 16 years and 2 months and she herself went to

meet the accused. Taking into consideration the statement of victim as also the fact that the charge sheet has been filed and the applicant is in jail

since 08.02.2021, I am inclined to allow this bail application.

6.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of

Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when

directed.

7.

Consequently I.A.No.1/201 for urgent hearing and I.A.No.2/2021 for hearing the case during summer vacation stand disposed off.