← Library
High Court Of ChhattisgarhMCRC/6416/2015dismissed

Puranik Sapha v. State Of Chhattisgarh

2015-11-30Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6416 of 2015 Puranik Sapha, S/o. Mangalu Ram, aged about 40 years, R/o. Ward No. 4, Akhra, Patan, Police Station - Patan, District Durg (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through District Magistrate Civil and Revenue District Durg (C.G.) ---- Respondent For Applicant :- Shri Amiyakant Tiwari, Advocate For Respondent/State :- Shri Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 30/11/2015

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. 111/2015, registered at Police Station- Patan, District Durg (C.G.) for the offence punishable under Sections 354(A),509,294,506 of IPC and 3(i)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

1. As per the prosecution case on 11.08.2015 the applicant tried to outrage the modesty of the prosecutrix who was belonging to Kanwar Caste. Subsequently, a written report was lodged against this applicant and on the basis of the above report, the offence punishable under sections 354(A),509,294,506 of IPC and 3(i)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and the applicant was arrested.

2. Counsel for the applicant submits that the charge sheet in this case before the Court below and the applicant has been wrongly inculpated in this case and considering the offence committed by the applicant he may be enlarged on bail.

3.

Per contra, State counsel opposes the application for grant of bail and submits that as many as 15 cases have been registered the present applicant including the offence punishable under sections 107, 16 of IPC between the year 2008 to 2015 and considering the past antecedents he should not be released on bail.

4.

Having regard to the fact and the past record of the present applicant as many as 15 cases have been registered against him, I am not inclined to release the applicant on bail.

5. Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) Judge Santosh