Allowed

Ajay Rahgandale v. State of Chhattisgarh

Chhattisgarh HC4 Oct 2018MCRC/6424/2018

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 CrPC. The applicant, arrested for offences under IPC 354 and POCSO, was released on bond conditioned upon furnishing a personal bond with one surety by a specific date. The court noted the case title incorrectly mentions cheating and forgery.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond of Rs. 25,000 with one surety for like sum.

Ajay Rahgandale Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 6424 of 2018

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Ajay Rahgandale (wrongly mentioned as Rahangdale) S/o Shri Lakshmichand Rahgandale (wrongly mentioned as Rahangdale), aged about 38 years, permanent address Ward No. 05, Main Road Mudjhad, Police Station – Barasivni, District – Balaghat, M.P.

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Present address House of Kaliram Sahu, Ramnagar, Ward No. 02, Kawardha, Police Station and Tahsil – Kawardha, District – Kabirdham, C.G.

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---- Applicant

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Versus

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State Of Chhattisgarh Through- District Magistrate/ Station House Officer, Police Station- Kawardha, District- Kabirdham, Chhattisgarh

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---- Respondent

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For Applicant. : Shri Dharmesh Shrivastava, Advocate. For Respondent. : Shri Ashutosh Pandey, P.L.

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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04/10/2018

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The applicant has preferred this First bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.309/2018 registered at Police Station : Kawardha, District – Kabirdham (C.G.) for the offence punishable under Section 354 of the IPC and Section 8 of the POCSO Act.

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As per the prosecution story on 24.07.2018 at about 23.30 p.m. Smt. Rajeshwari Keshari who is the grandmother of the prosecutrix lodged an FIR before the Police Station – Kawardha District-Kabirdham, that prior to 8-10 days the prosecutrix went to the Bazar and the applicant called her near and asked her name and thereafter he put his hand

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under her panty to outraged the modesty. On the basis of said story the offence has been registered against the applicant and he is in custody since 08.08.2018.

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Learned counsel for the applicant submits that that applicant is innocent and he has been falsely implicated in the present case, he is in custody since 08.08.2018, charge-sheet has already been filed and trial will likely to take some time, therefore, applicant may be released on bail.

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On the other hand, State counsel opposes the bail application.

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I have heard learned counsel for the parties and perused the record.

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Considering the totality of the facts and circumstances of the case and the fact that the applicant is in custody since 08 . 08.2018 and the offence is triable by Additional Sessions Judge, FTC, charge-sheet has been filed and trial will take some more time, this Court is of the opinion that it is a fit case to release the applicant on bail.

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Accordingly, the application is allowed.

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It is directed that the accused/applicant shall be released on bail on his furnishing a personal bond of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before it as and when directed.

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Sd/- (Rajani Dubey) Judge

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yasmin

Ajay Rahgandale v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ajay Rahgandale v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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