Ajay Kumar Bhoi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCNo.

of 2015 Ajay Kumar Bhoi S/o Bodhiram Bhoi, aged about 20 years, R/o Village Janji, PS Sipat, District (Revenue and Civil) Bilaspur, Chhattisgarh ---- Applicant (In Jail)

Versus

State Of Chhattisgarh through Police Station Sipat, District (Revenue and Civil) Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri S. D. Singh, Advocate For Respondent/State :

Ms. Sunita Jain, Panel Lawyer Order On Board /07/2015 The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.71/2015 registered at Police Station Sipat, District Bilaspur for the offence punishable under Section 452, 354, 323 & 324 of IPC. The applicant has been arrested on 15-04-2015.

2. This is second application. The first application was dismissed as withdrawn with liberty to revive, after filing of charge sheet.

3. Case of the prosecution is that the applicant attempted to outrage the modesty and thereafter assaulted, resulting in four injuries. 4.

Learned counsel for the applicant submits that the investigation is complete, charge sheet has been filed and the applicant is not a habitual offender and all the injuries were stated to be simple in nature. He lastly submits that the applicant is in jail since 15-04-2015.

5. On the other hand, learned State counsel opposed the bail application by submitting that the manner, in which, the applicant entered the house, attempted to outrage the modesty and then assaulted, prima facie case is made out against the applicant.

6. Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration that the investigation is complete, charge sheet has been filed and the injury is stated to be simple in nature, I am inclined to grant bail to the applicant.

-27. Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.20,000/- along with one local surety of the like amount to the satisfaction of the trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted. Sd/- Manindra Mohan Shrivastava Judge Tumane