High Court Of ChhattisgarhMCRC/3373/2015allowed

Ashok Jaiswal v. State Of Chhattisgarh

2015-07-20Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 33 of 2015 • Ashok Jaiswal, S/o Lalitram Jaiswal, aged about 30 years, R/o village: Gudi, Police Station -Seepat, District Bilaspur (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station -Seepat, District: Bilaspur (C.G.) ---- Non-Applicant For Applicant:

Shri Devesh Chandra Verma, Advocate.

For Non-Applicant/State:

Shri Siddharth Rathore, Dy Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20/07/2015 (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.118/2015 registered at Police Station Seepat, District Bilaspur (C.G.) for the offences punishable under Sections 452 & 354 of the Indian Penal Code & Section 3(1)(xi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. (2) Case of the prosecution, in brief, is that, applicant is alleged to have outraged the modesty of the complainant by entering into her house unauthorisedly and thereby committed

the aforesaid offence.

(3) Learned counsel for the applicant submits that the 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 16.06.2015; and the charge sheet is yet to be filed but substantial investigation has already been made and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; considering the defence of the present applicant; his pretrial detention; and the fact that substantial investigation has already been made; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed.

(6) Accused/applicant - Ashok Jaiswal 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/-