High Court Of ChhattisgarhMCRC/1568/2016allowed

Neetu @ Nitesh Bhoi v. State Of Chhattisgarh

2016-03-16Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1568 of 2016 Neetu @ Nitesh Bhoi, S/o Vijay Bhoi, aged about 24 years, R/o Irrigation Colony, Rudri, Quarter No.I-03, Post Office & Police Station Rudri, District Dhamtari (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through the Station House Officer, Police Station Rudri, Distt. Dhamtari (C.G.) ---- Non-applicant For Applicant:

Mr. Shivendu Pandya, Advocate.

For Non-applicant:

Mr. Suvigya Awasthi, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16/03/2016

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.8/2016, registered at Police Station Rudri, Distt. Dhamtari, for the offence punishable under Sections 354A, 294, 506 of the IPC and 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Case of the prosecution, in brief, is that on 6-2-2016, the applicant is alleged to have outraged the modesty of the prosecutrix, who belongs to Scheduled Caste category, and sexually assaulted her, and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is in custody since 8-2-2016 and 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