High Court Of ChhattisgarhMCRC/4632/2015allowed

Dhananjay Kurre v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4632 of 2015 Dhananjay Kurre, S/o Balram Kurre, aged 22 years, R/o Mathpur, P.S. Kukudur, Teh. Pandaria, Distt. Kabirdham (C.G.) ---- Applicant

Versus

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

Mr. Ajay Ayachi, Advocate.

For Non-applicant:

Mr. Suvigya Awasthi, 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.55/2015, registered at Police Station Kukudur, Distt. Kabirdham, for the offence punishable under Sections 341, 354, 323 of the IPC, 7 and 8 of the Protection of Children form Sexual Offences Act, 2012.

2. Case of the prosecution, in brief, is that on 22-7-2015, the applicant wrongfully confined the prosecutrix and outraged her modesty, and also caused simple injuries to her, and thereby committed the offence.

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. The applicant is in jail since 1-8-2015 and charge-sheet is yet to be filed.

4. On the other hand, learned State counsel would oppose 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 and pre-trial detention of the applicant, 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