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High Court Of ChhattisgarhMCRC/2095/2021allowed

Dadnu v. State Of Chhattisgarh

2021-07-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2095 of 2021 Dadnu, S/o. Patram Singh @ Puran Singh, Aged About 38 Years, R/o. Sekhwa - Pateratola P.S. Pendra, District Gourela Pendra Marwahi Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through S.H.O. Police Station Pendra, Outpost Kotmi, District Gourela Pendra Marwahi Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Avinash Chand Sahu, Advocate For Respondent :

Mr. Gagan Tiwari, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri

ORDER

08.07.2021 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.30/2021 registered at Police Station Pendra, Kotmi, District Gourela-Pendra-Marwahi, for the offence punishable under Sections 354, 452, 506 Part B of Indian Penal Code.

2.

As per the prosecution case, on 02.02.2021 when the husband of the complainant went out of the home and the complainant while was working, the applicant came to the house and caught hold of the complainant and tried to outrage her modesty. Having objected the same, they abused and life threat was also extended by spade. 3.

Learned counsel for the applicant submits that the charge sheet has been filed, the applicant is in jail since 04.02.2021 and no further investigation is required and the complainant had already been examined; therefore, the applicant may be released on bail.

4.

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

5.

Considering the nature of allegation and taking into fact that the applicant is in jail since 04.02.2021, the charge sheet has been filed and no further investigation is required, I am inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

6.

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