High Court Of ChhattisgarhMCRC/4541/2015allowed

Ramesh Nath v. State Of Chhattisgarh

2015-09-02Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015 Ramesh Nath, son of Ramjinath Yogi, aged about 35 years, resident of Bagharra, Police Station & Tahsil-Bodla, District - Kabirdham (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through: Station House Officer, Police Station: Bodla, District - Kabirdham (C.G.) ---- Non-applicant For Applicant:

Ms. Sharmila Singhai, Advocate.

For Respondent/State:

Mr. SRJ Jaiswal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/0 9 /2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.87/2015 registered at Police Station Bodla, District-Kabirdham for the offence punishable under Section 354 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant is said to have outraged the modesty of complainant and thereby committed the aforesaid offence.

(3) Counsel for the applicant submits that applicant has been falsely implicated in the offence in question as he has not committed the offence. He further submits that applicant is in jail since 31.07.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; further considering the role of the present applicant in the offence in question; and the facts that applicant is in jail since 31.07.2015; charge sheet has already been filed; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-