High Court Of ChhattisgarhMCRC/275/2016allowed

Ashok Kumar Sinha v. State Of Chhattisgarh

2016-01-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 275 of 2016 Ashok Kumar Sinha, aged about 42 years, son of late Prahlad Sinha, resident of village Sirpur, P.S. Pharasgaon, District Kondagaon (C.G). ... Applicant Vs.

State of Chhattisgarh, through Station House Officer, Police Station Pharasgaon, District Kondagaon (C.G). ... Respondent For the applicant :

Mr. Vishnu Koshta, Advocate.

For the Respondent :

Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 28.01.2016

1. This is an application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No. 202 of 2015 registered at Police Station Pharasgaon, District Kondagaon (C.G) for the offences punishable under sections 354, 341, 294, 323 & 506 IPC.

2. As per the prosecution case, on 24.12.2015 while the victim was coming from computer class at that time the applicant intercepted her, abused and threatened to kill her and subsequently caught hold of her hand and chest and tried to drag her to his home thereby the applicant tried to outrage her modesty.

3. Learned counsel for the applicant submits that in fact the victim has taken loan of Rs.25,000/- from the applicant and when he demanded her to repay the same, these false allegations have been levelled.

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

5. Perused the statement of the victim.

6. Taking into totality of the facts and circumstances of the case and the degree of allegations levelled against this applicant and further taking into fact that the applicant is in jail since 05.01.2016, I am inclined to release him on bail.

7. Accordingly, this bail petition is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He shall appear before the trial Court as and when directed by the said Court.

8. Cc as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao