Premlal Jangde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No. 444 OF 2016 Premlal Jangde S/o Late Lekharam Jangde aged about 21 years Occupation Student R/o Garhumariya P.S. Chowki Jutmil Raigarh Tahsil & Distt. Raigarh (C.G.) ---Applicant

Versus

State of Chhattisgarh Through the Police Station ChowkiJutmil Kotwali Distt. Raigarh (C.G.) ---Non-applicant For Applicant : Mr. A.N. Pandey, Advocate For Non-applicant : Mr. Dhiraj Wankhede, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 04/02/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1012/2015, registered at Chowki Jutmil P.S. Kotwali Distt. Raigarh (C.G.), for the offence punishable under Sections 354 & 341 of the

Indian Penal Code.

2.

Case of the prosecution, in brief, is that, on 28/12/2015 applicant outraged the modesty of prosecutrix and thereby committed aforesaid offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in crime in question. He would further submit that charge sheet is yet to be filed and applicant is in jail since 29/12/2015 therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the applicant; pretrial detention of the applicant and substantive investigation has already been completed,

this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 7.

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

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari