Mohd. Ashafaque v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 650 of 2019 Mohd. Ashafaque S/o Shri Mohd. Umar Aged About 25 Years R/o Santoshinagar, Raipur Tahsil And Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Tikrapara Raipur Civil And Revenue Tahsil And Raipur Chhattisgarh, District : Raipur, Chhattisgarh. ---- Respondent Along with MCRC No. 802 of 2019 Shankar Kumar Soni S/o Nandu Soni Aged About 35 Years R/o Ayodhya Nagar ,near Harish Kirana Stores Mathpurrena Raipur Tehsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh . ---- Applicant

Versus

State Of Chhattisgarh Through Stion House Officer, Police Station Tikrapara ,raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

---- Respondent For the Applicant :

Ms. Sunita Yadav, Adv. (MCRC No.650/19) For the Applicant :

Shri Shubham Tripathi, Adv. (MCRC No.802/19) For the State :

Shri Ashutosh Pandey, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /02/2019 1.

Above mentioned two applications arise out of a common Crime No.577/2018 registered at Police Station Tikrapara, Raipur District Raipur for the offence punishable under Sections 354, 34 of IPC, therefore, they are being heard analogously and decided by this common order. Both the bail applications are the first bail application filed under Section 439 of CrPC.

2. Case of the prosecution, in brief is that prosecutrix is about 21 years old. She is resident of Raipur. On 16/12/2018 applicants caught hold her hand to outrage her modesty.

3. Learned counsel for the applicants submits that they are innocent and falsely implicated in the present case, therefore, they shall be released on bail.

4. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicants.

5. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicants furnishes two solvent sureties for a sum of Rs. 25,000/- each along with one personal bond of Rs. 50,000/- each to the satisfaction of the trial Court concerned with the condition that they will not involve themselves in such type of crime in future, they shall be released on bail.

6. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde