Sukhlal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2963 of 2015 • Sukhlal S/o Sikna Aged About 33 years R/O Village- Murka, Ps Rajpur, District Balrampur-Ramanujganj, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through: The Station House Officer, Police Station Rajpur, District- Balrampur-Ramanujganj, Chhattisgarh ---- Respondent For Applicant:

Shri Jitendra Shrivastava, Advocate.

For respondent/State Shri Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 30/06/2015 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. 46/2015 registered at Police Station Rajpur, Distt. BalrampurRamanujganj for the offences punishable under Sections 354, 354 ([k) of the Indian Penal Code (as per challan). (2) Case of the prosecution, in brief, is that on 8.4.2015 applicant not only outraged modesty of the prosecutrix but also

sexually harrassed her and, thereby, committed the aforesaid offences.

(3) Counsel for the applicant submits that applicant has falsely been implicated in the crime in question as he has not committed any offence. He further submits that applicant is in jail since 10.04.2015; charge sheet has already been filed and, therefore, the applicant may be released on bail.

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

(5) Taking into consideration the facts & circumstances of the case, further considering the role of the present applicant in the crime in question and the facts that applicant is in jail since 10.04.2015; charge sheet has already been filed against the applicant; 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/-

JUDGE PS Name