Hemant Kumar Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.5352 of 2015 Hemant Kumar Sinha S/o Shri Hira Ram Sinha, aged about 25 years, R/o Village: Bhothidih, Police Station: Magarlod, Tahsil Magarlod, District Dhamtari (CG) ---Applicant

Versus

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

Mr. S.K.Dadsena, 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.181/2015, registered at Police StationMagarlod, District-Dhamtari (C.G.), for the offence punishable under Section 354 of the IPC.

2.

Case of the prosecution, in brief, is that on 3.9.2015 the applicant 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 4.9.2015 and chargesheet has already been filed and therefore, he may be enlarged 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 and the fact that charge-sheet has already been filed, 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/-