Ravikumar And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No. 3223 OF 2015 1.

Ravikumar son of Devcharan, aged about 21 years, 2.

Suraj Kuamr son of Ramcharan, aged about 19 years, Both are resident of Village Ghodamad, Police Station Kota, District Bilaspur (C.G.) ---Applicants

Versus

State of Chhattisgarh Through Station House Officer, Police Station Kota, District Bilaspur (C.G.) ---Non-applicant For Applicants :

Mr. Basant Dewangan, Advocate For Non-applicant :

Mr. Aditya Sharma, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 13/07/2015 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 applicants who have been arrested in connection with Crime No.144/2015, registered at Police Station Kota District Bilaspur (C.G.), for the offence punishable under Sections 363, 354, 323, 506, 34 of Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act, 2012. 2.

Case of the prosecution, in brief, is that, applicants are alleged to have abducted and outraged the modesty of complainant and also caused simple injury to her.

3.

Learned counsel for the applicants would submit that applicants have not committed any offence and have been falsely implicated in the case. He would further submit that no useful purpose would be served by keeping

them in jail. He would lastly submit that charge sheet has been filed and applicants are in jail since 08/05/2015, therefore, they may be released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application and submit that complainant has received four injuries. 5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence and the manner, in which, applicants are alleged to have outraged the modesty of the complainant, by which she suffered injuries, this Court is not inclined to release the applicants on regular bail.

7.

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

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari