Chatrapal Singh Kunwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.4877 of 2015 Chatrapal Singh Kunwar S/o.-Shri Vijay Bahadur Singh, aged about - 53 years, Occupation-Labourer, R/o.-Village-Nakail, P.S. Madanpur, District-Deoaria (U.P.) At present R/o. and Permanent R/o-Jutemill Labour Colony, Raigarh, Tahsil-Raigarh, P.S. Jutemill, Civil and Revenue - Raigarh (CG) ---Applicant

Versus

State of Chhattisgarh, Through - Station House Officer of the Police ChowkiJutemill and P.S. Kotwali, District-Raigarh (CG) ---Non-applicant For Applicant :

Mr. Abhishek Saraf, Advocate For Non-applicant :

Mr. Aditya Sharma, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/09/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.664/2015, registered at Police ChowkiJutemill, Police Station-Kotwali, District-Raigrh (C.G.), for the offence punishable under Sections 451 and 354 of the IPC. 2.

Case of the prosecution, in brief, is that on 31.8.2015 the applicant is alleged to have outraged the modesty of the complainant and thereby committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that the applicant is in jail since 31.8.2015 and charge-sheet has already been filed, therefore, he may be released on regular bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the present applicant and his pre-trial detention, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that 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 trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-