Gopal Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

2 23 Gopal Singh, S/o Hasuram Singh, aged about 45 years, Caste-Gond, R/o- Belard, Post Office, Police Station & Tahsil - Sonhat, District - Koriya (C.G.) ---- Applicant

Versus

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

Mr. Shivendu Pandya, Advocate.

For Non-applicant/State:Mr. Suvigya Awasthy, PL. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 5 /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. 139/2016 registered at Police Station Sonhat, District Koriya for the offences punishable under Sections 454, 354, 354(A), 354(D) & 323 of Indian Penal Code (as per charge sheet). (2) Case of the prosecution, in brief, is that on 6.12.2015 applicant entered into the house of complainant and outraged her modesty; and also sexually harassed her and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that 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 jail since 01.03.2016 and 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 nature & gravity of the offence; facts & circumstances of the case; and further considering his pre-trial detention and the fact that 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 - Gopal Singh 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/-