Ramavatar @ Vijay v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5451 OF 2015 Ramavatar @ Vijay son of Shri Bed Singh @ Lolta Gond aged about 27 years resident of Karwan Chowki Belgahna Police Station Kota Tehsil Kota Civil and Revenue District Bilaspur (C.G.) ---Applicant

Versus

The State of Chhattisgarh through Police Station Kota District Bilaspur (C.G.) ---Non-applicant For Applicant :

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

Mr. Ashutosh Pandey, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 12/10/2015 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. 76/2015, registered at Police Station Kota, District Bilaspur (C.G.), for the offence punishable under Sections 341, 354 of IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012.

2.

Case of the prosecution, in brief, is that on 11/03/2015 present applicant wrongfully confined the complainant and outraged her modesty. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in this case. He would further submit that charge sheet has been filed and applicant is in jail since 27/07/2015 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 and pretrial detention of the applicant since 27/07/2015, 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 concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari