Deepak Dhruw v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC NO. 3837 of 2015 Deepak Dhruw, son of Gariba Dhruw, aged about 23 years, resident of village Tikuliya, P.S. and Tahsil Bhatapara, Civil and Revenue District Baloda Bazar/Bhatapara (CG) ---Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, P.S. Bhatapara Gramin, Civil and Revenue District Baloda Bazar/Bhatapara (CG) ---Non-applicant For Applicant :

Mr. A.P.Sharma, Advocate For Non-applicant :

Mr. S.Awasthy, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 10/08/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.142 of 2015, registered at Police StationBhatapara Gramin, Distt.Baloda Bazar-Bhatapara (C.G.), for the offence punishable under Section 354 of the IPC and Section 18 of the POSCO Act. 2.

Case of the prosecution, in brief, is that the present applicant has outraged the modesty of victim Ku.Poornima Verma on 15.6.2015 and thereby committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and he has been falsely implicated in this case. He would further submit that the applicant is in jail since 16.6.2015, charge-sheet has already been filed and no further interrogation is required and therefore, he may be released on bail.

4.

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

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the present applicant, his pre-trial detention and the fact that charge-sheet has already been filed, I of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on 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. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-