High Court Of ChhattisgarhMCRC/2086/2016allowed

Ashok Yadav v. State Of Chhattisgarh

2016-04-20Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

Ashok Yadav, S/o Maneesingh Yadav, aged about 46 years, R/o Village- Mthuradih, Tahil & District - Dhamtari (C.G.) and permanent R/o Village Garra Ward No. -6, Tahsil Lalbarra, District Balaghat (M.P.) ---- Applicants

Versus

The State Of Chhattisgarh, Through:Station House Officer, Chowki Birejhar, Police Station Kurud, District Dhamtari (C.G.) ---- Non-applicant For Applicant:

Mr. Sanjeev Sahu, Advocate.

For Non-applicant/State:Mr. Suvigya Awasthy, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 2 0 /0 4 /201 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. 99/2016 registered at Police Station Kurud, District Dhamtari for the offences punishable under Sections 354 & 454 of Indian Penal Code.

(2) Case of the prosecution, in brief, is that on 26.02.2016 applicant outraged modesty of the complainant and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that the applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that the applicant is in detention since 26.02.2016; 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; looking to the nature & gravity of the offence; role of the applicant in the offence in question; further considering his pretrial detention and that the 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 him by the said Court till disposal of the trial. Certified copy, as per rules.

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