Madhya Pradesh High Court
Ranu @ Atal Chourasia vs The State Of Madhya Pradesh on 21 June, 2017
MCRC-9336-2017
(RANU @ ATAL CHOURASIA Vs THE STATE OF MADHYA PRADESH)
21-06-2017
Shri L.C. Chourasia, learned counsel for the applicant.
Shri Vaibhav Tiwari, learned Panel Lawyer for respondent-
State.
Heard.
This is first bail application filed on behalf of the applicant under Section 439 of the Cr.P.C.
The applicant is in custody since 28.5.2017 in connection with Crime No.110/2017 registered at Police Station Maharajpur, District Chhatarpur (M.P.) for the offence punishable under Sections 354, 456 of IPC read with Section 7/8 of Protection of Children Act, 2012.
Allegedly, prosecutrix aged about 16 years was sleeping in her room, then in the night at about 2:30 AM, applicant entered in that room, caught the waist of prosecutrix with bad intention and due to that she wake up. Thereafter, the applicant ran away. On the report of the prosecutrix, case was registered at the concerned police station for the aforesaid offences against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case due to some enmity. He further submits that there is no criminal antecedents of the applicant. Challan has been filed in this case and conclusion of trial will take time. He is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.
Per-contra, learned Panel Lawyer opposes the bail application. After hearing arguments of the parties and looking to the facts and circumstances of the case, it would be appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Ranu @ Atal Chourasia be released on bail on his furnishing bail bond in the sum of Rs.40,000/-(Rupees Forty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or trial Court for his appearance before them on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Certified copy as per rules.
(H.P. SINGH) JUDGE A.Praj.