Abhishek Satyavanshi v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.
5 500 of 2015 Abhishek Satyavanshi, S/o Shri Shiv Kumar Satyavanshi, aged about 25 years, R/o Thakurpara, Kawardha, District Kabirdham (C.G.) ---- Applicant
Versus
State Of Chhattisgarh Through: Station House Officer, Police Station: Kawardha, District Kabirdham (C.G.) ---- Non-applicant For Applicant:
Mr. Gurudeo I. Sharan, Advocate.
For Respondent/State:
Mr. SRJ Jaiswal, 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.173/2015 registered at Police Station Kawardha, District Kabirdham for the offences punishable under Sections 365 & 354/34 of the Indian Penal Code.
(2) Case of the prosecution, in brief, is that on 21.03.2014 applicant abducted the complainant, wrongfully confined her and outraged her modesty and thereby committed the aforesaid offences.
(3) Counsel for the applicant submits that there is more than one year delay in lodging the First Information Report and, as such, a false case case been registered against the applicant, in which, applicant has been arrested on 20.09.2015 and since then he is in jail and, therefore, he may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.
(5) Taking into consideration the facts & circumstances of the case; further considering the extent of delay in lodging the FIR; and his pre trial detention and no custodial interrogation is required; this Court is of the opinion that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) 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/-