Ratiram Chauhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

9 1 of 2015 Ratiram Chauhan, S/o Nirmal Chauhan, aged about 40 years, R/o Kirodimal Nagar, Raigarh, Tahsil & District Raigarh (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through: Station House Officer, Police Station Kotra Road, District Raigarh (C.G.) ---- Non-applicant For Applicant:

Shri Ashish Gupta, Advocate.

For Respondent/State:

Smt. Anusuiya Rajput, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /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.168/2015 registered at Police Station - Kotra Road, District- Raigarh for the offences punishable under Sections 452, 294,506,323 & 354/34 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant & other two co-accused persons entered into the house of the prosecutrix and outraged her modesty and also assaulted her and, thereby, committed the aforesaid offences.

(3) Counsel for the applicant submits that the applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that the applicant is languishing in jail since 24.06.2015; and the charge sheet has already been filed 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 and further taking into consideration the nature and gravity of offence; role of the present applicants in offence in question; and considering his pre-trial detention and the charge sheet has already been filed; 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/-