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Swarup Verma vs State Of Chhattisgarh 19 … on 7 August, 2018

1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 5037 of 2018

 Swarup Verma S/o Dashiram Verma Aged About 41 Years Caste Lodhi, R/o
Village Bhimpuri, Chhuikhadan, Post Office And Police Station Chhuikhadan
District Rajnandgaon Chhattisgarh

—- Applicant

Versus

 State of Chhattisgarh Through The Station House Officer, Police Station
Chhuikhadan District Rajnandgaon Chhattisgarh

—- Respondent

For Applicant : Shri Shivendu Pandya, Advocate
For Respondent/State : Shri Wasim Miyan, PL for the State
For Objector : Shri Raja Ali, Advocate

Hon’ble Shri Justice Goutam Bhaduri

Order On Board

07/08/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal

Procedure for grant of regular bail to the applicant who has been arrested on

03.07.2018 in connection with Crime No.32/2018 registered at Police Station

Chhuikhadan, district – Rajnandgaon (CG) for the offence punishable under

Section 354 IPC and Section 8 of the Protection of Children from Sexual

Offences Act, 2012.

2. As per the prosecution case, a report was lodged by the prosecutrix on

03.01.2018 that while she was going to the field at that time the applicant
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stopped her, caught hold of her hand and asked for sexual favour and tried to

outrage her modesty. Thereby the offence has been committed.

3. Learned counsel for the applicant submits that the applicant has been falsely

implicated in this case. He further submits that the enquiry in this case was

made by the police and in the enquiry it was found that no offence is made out

against the applicant and the applicant is in jail since 03.07.2018, therefore, he

may be released on bail.

4. Per contra, learned State counsel and the counsel for the objector oppose the

prayer for grant of bail and submit that there are other different 11 cases to the

credit of the applicant.

5. Perused the document as also the report of the police, whereby a preliminary

enquiry was conducted. Considering the nature and degree of allegation, I am

inclined to release the applicant on bail.

6. Accordingly, the 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 trial Court. He is directed to

appear before the trial Court on each and every date given by the said Court.

7. Considering the past records of the applicant it is further directed that the

applicant shall give his presence before the Police Station Chhuikhadan, District

Rajnandgaon, on the first Monday of every month, till the trial is decided on

merits.

Sd/-

Goutam Bhaduri
Judge
Ashu

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