Sandeep Wadhwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

5 494 of 2015 Sandeep Wadhwani, S/o Parasram Wadhwani, aged about 23 years, R/o Fajal Bada, P.S. City Kotwali Bilaspur, Civil and Revenue District Bilaspur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through: The Police Station City Kotwali, District Bilaspur (C.G.) ---- Non-applicant For Applicant:

Mr. P.K. Tulsyan, Advocate.

For Respondent/State:

Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board / 1 0/2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.54/2014 registered at Police Station City Kotwali, District Bilaspur for the offences punishable under Section 354 of the Indian Code and under Section 12 of the Protection of Children from Sexual Offences Act, 2012.

(2) It is alleged that applicant was released on bail 6.6.2014 and thereafter he was arrested on 15.7.2014 and, thereafter, he could not appear before the trial Court from 18.7.2014 to 12.12.2014, thereafter, he was released on bail 20.1.2015 but

failed to appear on 4.3.2015 and, therefore, warrant of arrest has been issued and his application for grant of bail has been rejected.

(3) After hearing learned counsel appearing for the parties and taking into consideration the fact that his non-appearance before the court concerned being unintentional and bonafide; this Court is of the opinion that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (4) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-