Chandrashekhar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1634 of 2016 Chandrashekhar Patel, S/o Shri Ratnakar Patel, aged about 25 years, R/o Village Tilaipali, Tahsil & Police Station Sarangarh, Civil & Revenue District Raigarh (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through the Station House Officer, Police Station Nandghat, District Bemetara (C.G.) ---- Non-applicant For Applicant:

Mr. Prateek Sharma, Advocate.

For Non-applicant:

Mr. Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/03/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.549/2015, registered at Police Station Nandghat, Distt. Bemetara, for the offence punishable under Sections 354, 342, 506B, 323 read with Section 34 of the IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

2. Case of the prosecution, in brief, is that on 9-12-2015, the applicant and one another co-accused outraged the modesty of the complainant by threatening her and by which she suffered simple injuries.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case, main accused is Dharmendra Sahu and the present applicant is only alleged to have assisted the main accused in commission of

offence and in which he is in jail since 27-2-2016. Charge-sheet has been filed.

4. On the other hand, learned State counsel opposes the application.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the applicant, pretrial detention of the applicant and charge-sheet has been filed, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

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

Sd/- (Sanjay K. Agrawal) Judge Soma