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