Ful Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5949 of 2018 Ful Singh, aged about 24 years, S/o Chain Singh, resident of Gram Boriyajhar, Caste Gond, P.S. Chura, Tahsil and District Gariyaband (CG).

---- Applicant

Versus

State of Chhattisgarh, through the Police Station Chura, District Gariyaband (CG).

---- Non-applicant For Applicant : Mr. Anjinesh Shukla, Advocate.

For Non-applicant : Mr. Sumit Jhanwar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 07.09.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no other bail application is pending before any other Court. 2.

Perused the case diary provided by the counsel for the State in connection with Crime No.84/20118 registered at Police Station Chura, District Gariyaband for the offence punishable under Sections 354 & 457 of IPC.

3.

Case of the prosecution, in brief is that the prosecutrix Smt. Pushpa Gandharv is working as a Forest Guard at Chura. The applicant was her subordinate and working as Watchman in the same department. On 05.06.2018 in the midnight at about 12:00 am to 1:00 am, the applicant knocked the door of house of the prosecutrix and told her that the Forest Ranger is calling her. At that point of time, applicant entered

into her house and caught her hand and pulling her with the intention of outrage her modesty.

4.

Counsel for the applicant submits that the applicant has not committed any offence. He is innocent and has been falsely implicated in the present case and, therefore, he may be released on bail. 5.

On the other hand, counsel for the State opposes the prayer for grant of bail to the applicant. However, he further submits that no criminal antecedent is reported against the applicant in the police case diary.

6.

I have heard counsel for the parties and perused the case diary with utmost circumspection.

7.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes two solvent sureties each for a sum of Rs. 30,000/- along with one personal bond of Rs.60,000/- to the satisfaction of the concerned Trial Court with this condition that will not involve himself in any of the crime in future, he be released on bail.

8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-