High Court Of ChhattisgarhMCRC/3637/2015allowed

Rahul Gupta And ANR. v. The State Of Chhattisgarh

2015-08-03Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3637 of 2015

1. Rahul Gupta, S/o Shri Suresh Gupta, aged about 25 years,

2. Shiv Kashyap, S/o Shri Krishna Kashyap, aged about 26 years, Both R/o Nagar Ramanujgunj, Police Station Ramanujgunj, District Balrampur-Ramanujgunj, Revenue District Balrampur-Ramanujgunj, Civil District Sarguja (C.G.) ---- Applicants

Versus

The State of Chhattisgarh, through Station House Officer, Police Station Ramanujgunj, District Balrampur-Ramanujgunj (C.G.) ---- Non-applicant For Applicants:

Mr. A.K. Prasad, Advocate.

For Non-applicant:

Mr. Lav Kumar Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 03/08/2015

1. The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing them on regular bail during trial in connection with Crime No.79/2015, registered at Police Station Ramanujgunj, Distt. Balrampur-Ramanujgunj, for the offence punishable under Sections 354 and 294 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that the applicants are alleged to have outraged the modesty of the prosecutrix on 13-6-2015 and also abused her.

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

4. Learned counsel for the applicants submits that the applicants have not committed any offence, they have been falsely implicated in the case and they are in custody since 16-6-2015. Charge-sheet is yet to be filed.

5. On the other hand, learned State counsel opposes the application.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, pre-trial detention of the applicants and role of the present applicants, I am of the view that it is a fit case to grant regular bail to the applicants. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicants be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned Court for their appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma