Sudarshan v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 5120 OF 2015 Sudarshan, son of Seukram Sahu, aged about 58 years, Occupation Service, Village Patwari Jhanki, P.H. No. 03, Tehsil Nawagarh, District Bemetara, Chhattisgarh, permanent resident of Village Murta, Tehsil and Police Station Nawagarh, Civil and Revenue District Bemetara, Chhattisgarh. ---Applicant

Versus

The State of Chhattisgarh, Through Police Station Daadhi, District Bemetara, Chhattisgarh.

---Non-applicant For Applicant :

Mr. P.P. Sahu, Advocate For Non-applicant :

Mr. Varun Sharma, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 28/09/2015 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. 81/2015, registered at Police Station Daadhi, District Bemetara (C.G.), for the offence punishable under Section 354 of the I.P.C.

2.

Case of the prosecution, in brief, is that, on 28/08/2015 applicant outraged modesty of the complainant and thereby committed aforesaid offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in offence in question. He would further submit that no custodial interrogation is required

and no useful purpose would be served by keeping applicant in jail. He would lastly submit that substantial investigation has already been completed and applicant is in jail since 09/09/2015 therefore, he may be released on 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 in offence in question; substantial investigation has already been completed and applicant is in jail since 09/09/2015, this Court is of the opinion that present is the 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 furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari