Dhanesh Chandravanshi @ Dhaneshwar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1071 of 2021 1.
Dhanesh Chandravanshi @ Dhaneshwar S/o Late Shri Mohit Chandravanshi, Aged About 22 Years, R/o Village Daujari, Police Station Kawardha, Tahsil Kawardha, District Kabirdham (C.G.). ---- Applicant
Versus
1.
State Of Chhattisgarh, Through- District Magistrate, Kabirdham District Kabirdham (C.G.).
---- Non-Applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate.
For Non-Applicant/State : Mr. V.K. Agrawal, Panel Lawyer.
Hon'ble Justice Shri Gautam Chourdiya Order on Board 24/03/2021 1) This is the First Bail Application filed under Section 439 of Code of Criminal Procedure, 1973 by the applicant for grant of bail as he is in custody since 27/01/2021 in connection with Crime No. 09/2021 registered at Police Station Pandatarai, District Kabirdham (C.G.) for the offence under Sections 354, 354A & 354D of IPC. 2) Allegation against the present applicant is that on 23/01/2021 at about 02:30 PM when the prosecutrix was alone in her Kitchen Garden, he entered there and by using criminal force against her and outrage her modesty. On report being lodged to the above effect by the complainant, the aforesaid offence has been registered against the present applicant.
3) Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in this case. He further submits that the applicant has been arrested on 27/01/2021, charge sheet has already been filed, applicant has no criminal
antecedents and conclusion of trial is likely to take some time for its disposal. Therefore, the applicant deserve to be released on bail. 4) On the other hand, learned counsel for the respondent/State opposes the bail application. However, he submits that the applicant has no criminal antecedents.
5) Heard learned counsel for the parties.
6) Considering the facts and circumstances of the case, the nature of allegation against the present applicant, the detention period of the applicant who is 22 years old, charge sheet has already been filed, and the fact that the applicant has no criminal antecedent and there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel, and the trial is likely to take some time for disposal, without commenting anything on merits of the case, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- i.
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, ii.
he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii.
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. iv.
he shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Court.
Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future. -Sd/- (Gautam Chourdiya) Judge Chandrakant