Durgesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4417 of 2015 Durgesh, S/o Daniram Kurmi, aged 30 years, R/o Village Navagaon (Musau), P.S. Kunda, Tehsil Pandaria, District Kabir Dhaam (C.G) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, PS Kunda, Tehsil Pandaria, District Kabir Dhaam (C.G) ---- Non-applicant For Applicant:

Mr. T.K. Jha, Advocate.

For Non-applicant:

Mr. Suvigya Awasthi, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 31/08/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.87/2015, registered at Police Station Kunda, Distt. Kabirdham, for the offence punishable under Sections 294, 506 & 354 of the IPC.

2. Case of the prosecution, in brief, is that on 21-6-2015 the applicant outraged the modesty of the victim and also abused and threatened her to kill.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is in jail since 21-6-2015 and charge-sheet is yet to be filed, as the investigation has been completed.

4. On the other hand, learned State counsel opposes the application.

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

6. Taking into consideration the nature and gravity of offence, facts and

circumstances of the case, role of the present applicant and his pre-trial detention, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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.

Sd/- (Sanjay K. Agrawal) Judge Soma