High Court Of ChhattisgarhMCRC/4967/2019allowed

Netram Rathiya v. State Of Chhattisgarh

2019-09-09Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4967 of 2019 • Netram Rathiya S/o Kritsingh Rathiya Aged About 29 Years R/o Village Saskoba, Police Station Chowki, Rairuma Khurd, Tahsil Dharamjaigarh, District Raigarh, C.G.

---- Applicant

Versus

• State Of Chhattisgarh Through Officer In Charge, Police Station Rairuma Khurd (Dharamjaigarh) District Raigarh Chhattisgarh ---- Non-applicant For Applicant : Mr. Kapil Maini, Advocate.

For Non-applicant/State : Mr. Sanjay Pathak, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-09-2019

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 05.07.2019 in connection with Crime No.89/2019, registered at Police StationChowki, Rairuma, Khurd (Dharamjaigarh), District- Raigarh, Chhattisgarh for offence punishable under Sections 457, 354 of I.P.C.

2. It is submitted by learned counsel for the applicant that the applicant is in jail since 05.07.2019. This applicant has not committed any offence. Charge-sheet has been filed after completion of investigation. Therefore, it is prayed that he may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application.

4. Heard learned counsel for the parties and perused the case diary.

5. According to the prosecution case, on the night of incident, this

-2applicant has trespassed in the house of the victim and then by using physical force, he outraged her modesty. Hence, this case.

6. Considering that the investigation has been completed and the case is now pending for trial, therefore, I feel inclined to allow this application.

7. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall 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.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Monika Judge