Amant Kumar Kanwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No. 3906 OF 2015 Amant Kumar Kanwar, S/o Vishram Kanwar, aged about 33 years, R/o Village Dandesara Post Office & Police Station Kurud, District Dhamtari (C.G.) ---Applicant

Versus

State of Chhattisgarh through the Station House Officer, Police Station Kurud District Dhamtari (C.G.) ---Non-applicant For Applicant :

Mr. Shivendu Pandya, Advocate For Non-applicant :

Mr. Suvgiya Awasthi, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/08/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.210/2015, registered at Police Station Kurud, District Dhamtari (C.G.), for the offence punishable under Sections 354(A), 354, 294, 506 of I.P.C.

2.

Case of the prosecution, in brief, is that on 08/06/2015, applicant outraged the modesty and sexually harassed the complainant and thereby committed offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in offence in question. He would further submit that no custodial interrogation is required and no useful purpose would be served by keeping him in jail. He would lastly

submit that charge sheet has been filed and applicant is in jail since 06/07/2015 therefore, he may be released on bail. 4.

On the other hand, learned counsel for the State would oppose the prayer for grant of bail.

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the applicant in offence in question; charge sheet has been filed and applicant is in jail since 06/07/2015, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari