Dipesh Kumar @ Jitu Yadu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3295 of 2015 • Dipesh Kumar @ Jitu Yadu, aged about 20 years s/o. Rajendra Kumar Yadu, r/o. village Bagtarai, P.S. Lalbag, District Rajnandgaon (CG).

---- Applicant

Versus

• State Of Chhattisgarh Through: the Station House Officer Lalbag, District Rajnandgaon (CG).

---- Respondent For Applicant :

Mr. Hemant Gupta, Advocate.

For Respondent/State :

Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14/7/2015 1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail, who has been arrested on 5-5-2015 in connection with Crime No. 124 of 2015 registered at Police Station Lalbag, Distrrict Rajnandgaon (CG), for the offence punishable under Sections 354, 323, 506, 34 of IPC and Section 11 (1) of Protection of Children from Sexual Offences Act, 2012.

2.

The case of the prosecution, in brief, is that the present applicant is said to have outraged modesty of the prosecutrix and thereby he committed the aforesaid offence.

3.

Learned counsel appearing for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in the case. He would further submit that charge-sheet has been filed, the applicant is in jail since 5-5-2015 and no useful purpose would be served by detaining him in jail, therefore, he may be released on bail.

4.

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

5.

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

6. Taking into consideration all the facts and circumstances of the case, nature and gravity of the offence, charge-sheet has been filed and pre-trial detention of the applicant, I am of the considered opinion that prima facie it is a fit case where the applicant can be released on bail.

7. Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on his furnishing a personal bond of Rs.25,000/- along with one surety of the like amount to the satisfaction of the trial Court. He shall 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 Raju