Chhatram Chandra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.5350 of 2015 Chhatram Chandra S/o Shri Dilip Chandra, aged about 26 years, R/o Village Sulouni, Police Chowki: Bhatgaon, Police Station: Bilaigarh, District Baloda Bazar-Bhatapara (CG) ---Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Kotraroad, Raigarh, District Raigarh (CG) ---Non-applicant For Applicant :

Mr. C.R.Sahu, Advocate For Non-applicant :

Mr. Arvind Dubey, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 08/10/2015 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.232/2015, registered at Police StationKotraroad, Raigarh, District-Raigarh (C.G.), for the offence punishable under Sections 451, 354, 323 and 506 of the IPC.

2.

Case of the prosecution, in brief, is that on 22.7.2015 the applicant entered into the house of the complainant, outraged her modesty and also threatened her 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 false F.I.R. has been registered, which is apparent from the fact that there is delay of 10 days in lodging of F.I.R., in which he is in jail since 14.9.2015 and charge-sheet has already been filed. 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; extent of delay in lodging the F.I.R. and pre-trial detention of the applicant, 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/-