Chaytram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 431 of 2016 Chaytram Sahu S/o Faguaa Ram Sahu aged about 42 years R/o village Kuthrayl Police Station Anda Tahsil and District Durg (C.G.) (Name of the applicant/accused wrongly mentioned as Panchram Sahu in the cause title of the order dated 30/12/15) ---Applicant

Versus

State of Chhattisgarh through Station House Officer Police Station Jamul District Durg (C.G.) ---Non-applicant For Applicant :

Mr. N.S. Dhurandhar, Advocate For Non-applicant :

Mr. Suvigya Awasthy, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03/02/2016 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. 376/2015, registered at Police Station Jamul, District Durg (C.G.), for the offence

punishable under Sections 354, 294, 506, 452 of IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012.

2.

Case of the prosecution, in brief, is that on 16/08/2015, present applicant trespassed the house of complainant and outraged her modesty and thereby committed aforesaid offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in crime in question. He would further submit that charge sheet has been filed and applicant is in jail since 16/11/2015. He would lastly submit that no useful purpose would be served by detaining him in jail, therefore, he may be released 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 in offence in question; charge sheet has already been filed and applicant is in jail since 16/11/2015, this Court is of the opinion that present is the 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 the 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 Tiwari