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High Court Of ChhattisgarhMCRC/871/2016allowed

Pawan Kosle v. State Of Chhattisgarh

2016-03-02Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

8 7 1 of 201 Pawan Kosle, S/o Saukhi Satnami, aged about 25 years, R/o Budhwara, Thana-Bodla, Distt. Kabeerdham (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through : Thana-Bodla, Distt. Kabeerdham (C.G.) -----Non-applicant For Applicant:

Mr. Sameer Singh, Advocate.

For Non-Applicant/State: Mr. Avinash Singh, PL Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 193/2015 registered at Police Station Bodla, Distt. Kabeerdham for the offences punishable under Sections 354 & 456 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant entered into the house of complainant unauthorisedly and outraged her modesty and thereby committed the aforesaid offences. (3) Counsel for the applicant submits that applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that that applicant is in detention since 23.12.2015 and, therefore, the applicant may be

released on bail.

(4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; role of the present applicant in the offence in question; further considering the fact that applicant is in jail since 23.12.2015; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-