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High Court Of ChhattisgarhMCRC/4364/2015allowed

Parless v. State Of Chhattisgarh

2015-08-31Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.4364 of 2015 Parles S/o Sunder aged about 23 years, Resident of village-Dawanbod, Police Station & Tahsil Bagbahara, District Mahasamund (CG) ---Applicant

Versus

State of Chhattisgarh Through its Police Station-Bagbahara, District Mahasamund, Civil and Revenue District Mahasamund (CG) ---Non-applicant For Applicant :

Mr. B.L.Sahu, Advocate For Non-applicant :

Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 31/08/2015 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.93/2015, registered at Police StationBagbahara, District Mahasamund (C.G.), for the offence punishable under Sections 354, 323, 506B of the IPC and Section 8 of the Pasco Act. 2.

Case of the prosecution, in brief, is that the applicant has outraged the modesty of the victim on 8.6.2015 and thereby committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that the applicant is in jail since 13.6.2015 and charge-sheet has already been filed, therefore, he may be enlarged 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, this Court is 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 thse 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/-