Manthir v. The State Of Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 563 of 2019 • Manthir S/o Rohit Sahu Aged About 21 Years R/o Village Kalyanpur, Police Station and Tahsil S / Lohara, District Kabirdham Chhattisgarh.

---- Applicant

Versus

• The State of Chhattisgarh Through The Station House Officer, Police Station S/ Lohara, District Kabirdham Chhattisgarh. ----Non-applicant For Applicant : Shri Amit Sahu, Advocate For Respondent/State : Shri Aman Kesharwani, Panel Lawyer Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 05/02/2019 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant who has been arrested in connection with Crime No. 141/2018 registered at Police Station S. Lohara, District Kabirdham, (CG) for the offence punishable under Sections 294, 147, 148, 452, 307, 354A IPC. 2.

As per prosecution case, 08.08.2018 the applicant in association with the other persons forcibly entered in the house of the complainant and scuffled with her, tore her clothes with an intention to outrage her modesty. 3.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the applicant is in jail since 22.12.2018, therefore, he may be enlarged on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Considering the facts and circumstances of the case and the fact that the applicant is in jail since 22.12.2018, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

Accordingly, the application is allowed and the accused/applicant is directed to 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 as and when directed. CC as per rules.

Sd/- (Vimla Singh Kapoor) Judge PAWAN