Roshan Sinha Vs State of Chhattisgarh

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1

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2025:CGHC:6987

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 6245 of 2024

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1 - Roshan Sinha S/o Toran Sinha Aged About 48 Years R/o Sakin, Ekta Sadan, Gauri Nagar, Purana Bus Stand, Rajnandgaon, Police Station Kotwali, District Rajnandgaon, Chhattisgarh.

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... Applicant

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versus

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1 - State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, District Rajnandgaon, Chhattisgarh.

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... Respondent

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For Applicant : Mr. Tarendra Kumar Jha, Advocate For Respondent : Mr. Aman Tamboli, Panel Lawyer

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order On Board

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07.02.2025

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The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he has been arrested on 08.04.2024 in connection with Crime No. 228/2024 registered at Police Station Kotwali, District – Rajnandgaon (C.G.), for offence punishable under Sections 354, 294, 506 of I.P.C. and Section 8 & 9(d) of the Protection of Children from Sexual Offences Act, 2012.

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Case of the prosecution, in brief, is that on 08.04.2024 complainant

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Digitally signed by BHUMIKA BHUMIKA ANGARE ANGARE Date: 2025.02.07 16:28:02 +0530

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2

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who is mother of the victim and wife of the accused has filed a written complaint alleging that on date of incident i.e. on 20.03.2024 the applicant/accused has given the victim some drugs and made an attempt to outrage modesty of the minor girl, therefore, on the basis of complaint filed by the victim’s mother, FIR has been registered against the applicant.

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Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question. He would further submit that the victim has already been examined before learned trial Court and there was dispute between husband(applicant) and wife (complainant) therefore she has falsely implicated the applicant in connection with the crime. He would further submit that the victim’s mother has already been examined before learned trial Court and the applicant is in jail since 08.04.2024 and about 10 months has already been lapsed, charge sheet has already been submitted and trial has already begun and no custodial remand is required, thus, he would pray for releasing the applicant on bail.

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On the other hand learned State counsel opposing the submission would submit that there is sufficient material against the applicant regarding commission of offence as the applicant has committed offence against her own daughter which is against society. He would further submit that the applicant has past criminal antecedents for the commission of offence under Sections 294, 323, 506 of I.P.C., therefore, he would pray for rejection of the bail application.

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I have heard learned counsel for the parties and also perused the case diary.

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Considering the fact that the applicant is in jail since 08.04.2024 and

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about 10 months has already been lapsed, the victim and her mother have already been examined, the material witness has also been examined, as such no custodial interrogation is required and the trial is likely to take some more time for conclusion, 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 and the applicant is directed to be released on bail on his furnishing a bond in the sum of Rs. 25,000/with one surety for the like sum to the satisfaction of the concerned Court for his appearance before that Court as and when so directed. Certified copy as per rules.

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Sd/(Narendra Kumar Vyas) Judge

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Bhumika

Roshan Sinha v. State of Chhattisgarh

Case brief

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Roshan Sinha v. State of Chhattisgarh

Case brief

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