Rajesh Ram @ Rajeshwar Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2306 of 2016 Rajesh Ram @ Rajeshwar Ram son of Karma Ram, aged about 34 years, Caste-Rautiya, resident of Rainidand, Keradih, Police StationNarayanpur, District-Jashpur (CG) ---Applicant

Versus

State of Chhattisgarh Through : Station House Officer, Police Station: Narayanpur, District : Jashpur (CG) ---Non-applicant For Applicant :

Mr. J.K.Saxena, Advocate For Non-applicant :

Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 10/05/2016 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.134/2015, registered at Police Station-Narayanpur, District-Jashpur (CG), for the offences punishable under Sections 294, 506, 332, 186, 452 & 323 of the IPC and Section 3 (1) (10) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act.

2.

Case of the prosecution, in brief, is that on 18.12.2015 the applicant entered into the school of the complainant where she was teaching, abused her and also caused her simple hurt knowing fully well that she is a member of Scheduled Tribe and thereby committed the aforesaid offences.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that the applicant is in jail since 2.1.2016 and charge-sheet has already been filed, 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 & circumstances of the case, nature & gravity of the offence, role of the present applicant, his pre-trial detention and the fact that charge-sheet has already been filed, this Court is of the opinion that present is a 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 the applicant shall 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 trial Court, for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-