Nilesh Kumar Dhiwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3392 of 2015 • Nilesh Kumar Dhiwar S/o Shri Shantanu @ Santanoo Aged About 21 years R/o Village Palaud, Police Station Mandir Hasaud, District Raipur Chhattisgarh, At Present R/o Sai Complex, Dolphin Sai Nagar, Police Station Ganj, Raipur, Civil And Rev. Distt. Raipur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Ganj, Raipur, District Raipur Chhattisgarh.

---- Non-Applicant For Applicant:

Shri C.R. Sahu, Advocate.

For Non-applicant/State:

Shri Lov Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20/07/2015 Heard.

(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. 99/2015 registered at Police Station Ganj, Raipur, Distt. Raipur for the offences punishable under Sections 354-B, 294,323 & 506-B of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that, applicant is alleged to have sexually harrassed the complainant by threatening and assaulting her and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that applicant has falsely been implicated in the offence in question as he has not committed any offence. He further submits that the applicant is in jail since 15.06.2015; 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 bail application.

(5) Taking into consideration the facts & circumstances of the case; further considering the the facts that applicant is in jail since 15.06.2015; and the charge sheet is yet to be filed but the 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 application is allowed.

(6) Accused/applicant 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/-