Dinesh Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1691 of 2019 Dinesh Kumar S/o Pakalu Ram Sahu Aged About 35 Years R/o Kaitha, Police Station- Bilaigarh, District- Balodabazar Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationBilaigarh, Civil And Revenue District- Balodabazar- Bhatapar, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh. ---- Respondent For the Applicant :

Ms. Sunita Sahu, Advocate For the State :

Shri Vinod Tekam, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /03/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.43/2019 registered at Police Station Bilaigarh, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 354 of IPC.

3. Case of the prosecution, in brief is that prosecutrix is about 24 years old. She is resident of village Kaitha. On 22/02/2019 at about 01.00 p.m. at village Kaitha applicant entered in the courtyard of the prosecutrix and used criminal force on her to outrage her modesty.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde