High Court Of ChhattisgarhMCRC/3762/2015allowed

Bhunesh Patel v. State Of Chhattisgarh

2015-08-05Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3762 of 2015 Bhunesh Patel, S/o Baldu Ram Patel, aged about 18 years, R/o Achanakpur, Police Station City Kotwali, Baloda Bazar, Civil and Revenue District Baloda Bazar - Bhatapara, District Baloda Bazar - Bhatapara (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, police of Police Station City Kotwali, Baloda Bazar, District Baloda Bazar - Bhatapara (C.G.) ---- Non-applicant For Applicant:

Mr. Anil Gulati, Advocate.

For Non-applicant:

Mr. Neeraj Pradhan, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 05/08/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.223/2015, registered at Police Station City Kotwali, Baloda Bazar, Distt. Baloda Bazar - Bhatapara, for the offence punishable under Sections 341, 354 of the IPC and 3 (1) (xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,

2. Case of the prosecution, in brief, is that on 6-7-2015, the applicant outraged the modesty of the complainant by wrongfully confining her knowing that she is a member of Scheduled Tribe and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence, he has been falsely implicated in the crime and he is in jail since 8-7-2015. Charge-sheet has already been filed.

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

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, pre-trial detention of the applicant and chargesheet has already been filed, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

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

Sd/- (Sanjay K. Agrawal) Judge Soma