High Court Of ChhattisgarhMCRC/1451/2017allowed

Rakesh Miri v. State Of Chhattisgarh

2017-03-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1451 of 2017 • Rakesh Miri S/o Ramadheen Miri Aged About 20 Years R/o Village Bitkuli, Police Station Bilha, Civil & Revenue District Bilaspur, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh through the Police Station Bilha, Civil & Revenue District Bilaspur, Chhattisgarh. --- Respondent For the applicant :

Mr. Puneet Ruparel, Advocate For the Respondent :

Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 20.03.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 05 of 2017 registered at Police Station Bilha, Distt. Bilaspur (C.G) for the offence punishable under Sections 354 & 456 of IPC.

2. As per the prosecution case, a report was made by the victim on 07.06.2016 that while she was alone in the house at that time the applicant forcibly entered into the house; caught hold of her and tried to outrage the modesty. Having raised alarm, the applicant left the victim and fled away.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated because of the earlier dispute. He further submits that the charge sheet in this case has been filed and no further investigation is necessary, therefore, the applicant may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the statements of the prosecutrix

recorded u/ss 161 & 164 Cr.P.C.

6. Considering the degree of allegations levelled against the applicant and the fact that the charge sheet has been filed and the applicant is in jail since 09.02.2017, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o