Harilal Lahre v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2434 of 2018 • Harilal Lahre S/o Fooldas Lahre Aged About 45 Years R/o- VillageBitkuli, Police Station- Bilha, District- (Revenue And Civil)- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station- Bilha, District (Revenue And Civil)- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Anand Kesharwani, Advocate.

For Respondent :

Mr. V.B. Singh, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 10/05/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.41/2018, registered at Police Station- Bilha, Civil & Revenue District- Bilaspur(C.G.) for the offence punishable under Sections 354 & 452 of Indian Penal Code (for short 'IPC').

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 8.2.2018. After completion of investigation, charge-sheet has been filed. No case is made out against this applicant according to the material present in the charge-sheet. Hence, it is prayed that he may be released on regular bail.

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3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. According to prosecution case, on 8.2.2018 when the victim was taking rest in the afternoon, this applicant affected his entry into her room and by force physically he outraged her modesty. Hence, the FIR was lodged.

6. After considered on the material present in the case diary, I am of this view, that this is a fit case where applicant should be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on him furnishing a personal bond for a sum of Rs.25,000/-with one surety in the like sum to the satisfaction of the concerned trial Court, for him appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha