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High Court Of ChhattisgarhMCRC/22/2016allowed

Anand Dhruw v. State Of Chhattisgarh

2016-01-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 22 of 201 Anand Dhruw, S/o. Late Ajuram, Aged About 42 Years, R/o. Civil Line, Ward No. 4, P.S. Bemetara, Tahsil & District Bemetara, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Civil Line, District Bilaspur, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Saurabh Dangi, Advocate For Respondent :

Mr. Anil S. Pandey, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 20.01.2016 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.431/2015, registered at Police Station- Civil Line, District Bilaspur (C.G.) for the offence punishable under Section 354, 294, 506 of IPC. 2.

Case of the prosecution, in brief, is that on 10.07.2015 the applicant caught hold of the hand of the victim and proposed to marry and thereby the applicant outrage the modesty of the victim. 3.

Learned counsel for the applicant submits that the applicant is working as Clerk and the applicant and victim both known to each other and they have developed some relation and nothing has been done to outrage the modesty of the victim. He further submits that the charge sheet has been filed and the applicant is in jail since 11.12.2015, therefore, he may be enlarged on bail.

4.

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

5.

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

6.

Having regard to the facts and circumstances of the case and the degree of allegation and further considering the fact that the charge sheet has been filed and the applicant is in jail since 11.12.2015, I am inclined to release the applicant on 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/- (Goutam Bhaduri) Judge Ashok