Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
1
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2302 of 2021
• Umeshram Chauhan, S/o Late Ghasiram, Aged About 64 Years,
Residing At Baradwar Ward No 04, Police Station Baradwar, District-
Janjgir Champa Chhattisgarh.
—- Applicant
Versus
• State of Chhattisgarh Through The Police Station Baradwar District
Janjgir Champa Chhattisgarh., District-Janjgir-Champa, Chhattisgarh
—- Respondent
For Applicant : Mr. P.K. Tulsyan, Advocate.
For State/respondent : Mr. Alok Nigam, Govt. Advocate.
For Complainant : Mr. Anand Gupta, Advocate.
Hon’ble Shri Justice Rajendra Chandra Singh Samant
Order On Board
27/07/2021
Heard.
1. This is the first bail application filed under Section 439 of the Code of
Criminal Procedure, 1973 on behalf of the applicant for grant of regular
bail to him as he is in custody in connection with Crime No.14/2021
registered at Police-Station-Baradwar, District-Janjgir Champa(C.G.)
for the offence punishable under Sections 376/511, 450 of IPC and
Section 8 of POCSO Act, 2012.
2. It is submitted by the learned counsel for the applicant, that the
applicant has been falsely implicated in this case. The statement of
prosecutrix under Section 164 CrPC reveals that the act of the
applicant amount to offence under Section 354 IPC only, therefore, no
2
case is made out for offence of attempt to rape, which has been falsely
registered against him. Applicant is 64 years old man. He is in jail
since 11.01.2021. Charge-sheet has been filed, therefore, it is prayed
that this applicant may be enlarged on regular bail.
3. On the other hand, learned counsel for the State opposes the bail
application and the submission made in this respect. It is submitted
that the age of the victim had been only 14 years and there a clear
statement of the prosecutrix under Section 161 CrPC against this
applicant, therefore, the application be rejected.
4. The prosecutrix is virtually present before this Court through the ‘Help
Desk’ of High Court on notice. She has stated that she has no
objection in grant of bail to this applicant.
5. I have heard the learned counsel for both the parties and perused the
case diary.
6. As per prosecution case, it is alleged that on the date of incident this
applicant caught hold of the minor prosecutrix aged 14 years and then
attempted to rape her regarding, which FIR has been lodged.
7. Considered on the submissions. In her statement under Section 164
CrPC prosecutrix has stated that the applicant had removed her
undergarments, when her mother arrived on the spot, subsequent to
which the applicant fled from the spot. Further, looking to the statement
of no objection from the complainant side, I feel inclined to allow the
application of this applicant.
8. Accordingly, the bail application filed under Section 439 of Cr.P.C. is
allowed. It is directed that the applicant shall be released on bail on his
3
furnishing a personal bond for a sum of Rs.25,000/- with one surety in
the like sum to the satisfaction of the concerned trial Court, for his
appearance as and when directed.
Sd/-
(Rajendra Chandra Singh Samant)
Judge
Nisha
