Amit Mishra vs State Of Chhattisgarh
2022 Latest Caselaw 690 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                 Order Sheet
                       Criminal Appeal No.1522 of 2015

  •   Amit Mishra S/o Koushal Prasad Mishra Aged About 26 Years R/o Village -
      Salka P.S.-Kota Distt. - Bilaspur, Chhattisgarh
                                                                         --- Appellant
                                   Versus
  •   State Of Chhattisgarh Through - Police Station P.S. - Kota Distt. - Bilaspur
      Chhattisgarh


                                                                        ---Respondent

09/02/2022 Mr. Rishi Rahul Soni, counsel for the appellant.

Mrs. Madhunisha Singh, Dy. A.G. for the State.

Heard on I.A. No.04, an application for grant of temporary bail to the appellant.

Appellant has been convicted and sentenced by the judgment of conviction and order of sentence dated 24.11.2015, in Special Sessions Trial No.129/2014, passed by Additional Sessions Judge (F.T.C.), Bilaspur (C.G.) in the following manner :-

                     Conviction                                 Sentence

             U/s. 06 of Protection of             Life imprisonment and fine of
             Children    from   Sexual            Rs.20,000/- and in default of
             Offences Act, 2012                   payment of fine, additional R.I. for 01
                                                  year.

Learned counsel for the appellant submits that the real sister of the appellant is getting married and rituals of the marriage are scheduled from 16.02.2022, which will be completed on 18.02.2022. The appellant is required to participate in this marriage, therefore, he may be granted temporary bail.

Per contra, the learned State counsel opposes the application.

We have heard the learned counsel for the parties.

The learned counsel for the appellant has placed documents on records in support of the application including the affidavit filed by Koushal Prasad Mishra, who is father of the appellant.

Taking into consideration, this fact that the appellant has a social duty towards his sister and his family and there may be his requirement for the purpose of rituals of the marriage, therefore, on humanitarian ground, we feel inclined to allow this application on temporary basis.

Accordingly, I.A. No.04, an application for grant of temporary bail to the appellant, is allowed.

It is ordered that the appellant shall be released on bail on 15 th of February, 2022 on temporary basis on his executing a personal bond for a sum Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court and the appellant is required to surrender before the learned trial Court on 20 th of February, 2022 for his detention to jail.

List this case for final hearing in due course.

Certified copy as per rules.

                Sd/-                                         Sd/-

            (R.C.S. Samant)                         (Arvind Singh Chandel)
               Judge                                      Judge


Monika