High Court Of ChhattisgarhMCRC/6216/2017allowed

Ramsay v. State Of Chhattisgarh

2017-11-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6216 of 2017 • Ramsay S/o Chulbul Kherwar, Aged About 36 Years R/o Kapildevpur, Khobhipara, P.S. Chalgali, District Balrampur-Ramanujganj, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Police Station Chalgali, District BalrampurRamanjuganj, Chhattisgarh ---- Respondent For Applicant :

Shri Vikash Pandey, Advocate For Respondent-State :

Shri S.K. Mishra, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/11/2017

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 on 23.08.2017 in connection with Crime No. 52/2017 registered at Police Station Chalgali, Balrampur-Ramanujganj (CG) for the offence punishable under Sections 457 & 354 of the I.P.C.

2. As per the prosecution case, on 11.08.2017 while the prosecutrix was sleeping in her house with her son, the applicant entered into her house, switched off the light thereafter caught hold of her, when she raised alarm, the applicant fled away from there.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He would further submit that the charge-

sheet in this case has been filed and no further investigation is necessary, therefore, the applicant, who is in jail since 23.08.2017 may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the facts circumstances of the case, degree of allegation and the fact that the charge-sheet in this case has been filed, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Goutam Bhaduri Judge Ashu