Amarnath Kushwaha v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3442 of 2019 Amarnath Kushwaha S/o Late Jeevdhan Kushwaha Aged About 45 Years Caste- Koiri, R/o Village Batai, Police Chowki- Revti Police StationChandoura, Tahsil Pratappur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through The Incharge, Outpost- Revti, Police StationChandoura, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh.
---- Respondent For the Applicant :
Shri Aditya Chopra, Advocate on behalf of Shri Rashul Bhawnani, Advocate.
For the Respondent/State :
Shri Aditya Sharma, P.L.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
ORDER
08.07.2019 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.28 of 2019, registered at Out Post Revti, Police Station Chandoura, District - Surajpur, Chhattisgarh for the offence punishable under Sections 452 and 354 of the Indian Penal Code.
2.
Learned counsel for the applicant submits that the applicant is in jail since 28.4.2019 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. Hence, it is prayed that the applicant be enlarged on bail.
3.
On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.
Heard counsel for both the parties and perused the case diary. 5.
According to the prosecution case, on the date of incident this applicant caught hold of the victim, touched her body in objectionable manner and threatened her and thus, outraged her modesty. 6.
As the charge-sheet has been filed against the applicant in this case and the case is now before the trial Court, I feel inclined to grant regular bail to the applicant.
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 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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.
Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi