High Court Of ChhattisgarhMCRC/4618/2015allowed

Amarjeet v. State Of Chhattisgarh

2015-09-07Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4618 of 2015 Amarjeet, S/o Ambika Satnami, aged 40 years, R/o Dongaria, P.S. Sahashpur Lohara, Distt. Kabirdham (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, P.S. Sahashpur Lohara, Distt. Kabirdham (C.G.) ---- Non-applicant For Applicant:

Mr. Ajay Ayachi, Advocate.

For Non-applicant:

Mrs. Madhunisha Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/09/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.247/2015, registered at Police Station Sahaspur Lohara, Distt. Kabirdham, for the offence punishable under Sections 452 & 354B of the IPC.

2. Case of the prosecution, in brief, is that on 21-7-2015, the applicant entered into the house of the prosecutrix and outraged her modesty.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in the case. He would further submit that the complainant is daughter of younger brother of the applicant and no such offence has been committed. The applicant is in jail since 31-7-2015 and charge-sheet has been filed.

4. On the other hand, learned State counsel opposes the application.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the present applicant, pre-trial detention of the applicant, charge-sheet has been filed and relation between the parties, I am of the opinion that it is a fit case to admit the applicant to regular bail. Accordingly, the application is allowed.

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

Sd/- (Sanjay K. Agrawal) Judge Soma