Nand Kishore @ Banti Kesharwani v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3978 of 2016 Nand Kishore @ Banti Kesharwani, S/o. Kishan Lal Kesharwani, Aged About 35 Years, R/o. Kesharwani Villa, Raman Mandir, Ward No. - 21, House No. 1223, P.S. Ganj, District - Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through P.S.- Ganj, Raipur, District - Raipur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Rajesh Kumar Kesharwani, Advocate For Respondent :

Mr. Sumit Jhanwar, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25.07.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.134/2016 registered at Police Station- Ganj, Raipur (C.G.) for the offence punishable under Section 354(b), 342, 323, 506 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that on 26.05.2016 while the victim was discharging her job at Super Bazar when she went to the Bathroom, the applicant came there and after knocking the door forcefully entered into the Bathroom and closed the Bathroom inside and tried to outrage the modesty of the victim and subsequently the victim anyhow opened the door and ran away. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and the girl/victim has not supported the case of the prosecution under Section 164 of Cr.P.C. therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the statement of the girl/victim under Section 161 & 164 of Cr.P.C. wherein in the statement under Section 164 she has not supported the case of the prosecution. Taking into such statement and the fact that the charge sheet has been filed and the applicant is in jail since 26.05.2016, I am inclined to release the applicant on bail.

6.

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

7.

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/- (Goutam Bhaduri) Judge Ashok