Maheshwar Das Mahant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3841 of 2018 • Maheshwar Das Mahant Shri Ramchand Mahant, Aged About 32 Years R/o Ram Nagar Syahimudi, P. O. Jamnipali, Korba, TahsilKatghora, District Korba, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station- Azak, District Korba, Chhattisgarh.

---Non-applicant For Applicant :

Shri Awadh Tripathi, Advocate For Non-applicant :

Shri Sangharsh Pandey, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14.06.2018 1.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 18 of 2018, registered at Police StationAzak, District- Korba (CG), for the offence punishable under Sections 354, 384, 452, 292 of the IPC, Sections 66(E), 67 of I.T. Act and Section 3(2)(5A) of SC/ST Act.

2.

Case of the prosecution, in brief, is that the applicant outraged modesty of the Scheduled Tribe prosecutrix, thereby, committed the offence.

3.

Learned counsel for the applicant would submit that the applicant has not committed the offence and he has falsely been

implicated in the crime in question. Charge-sheet has been filed. He is in custody since 27.04.2018.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, role of the applicant, pre-trial detention, charge-sheet having been filed, I am of the opinion that present is a fit case for grant of regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) V. JUDGE kkd