Narendra Kumar v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5922 of 2016

1. Narendra Kumar, S/o. Late Manraj Uike, aged about 22 years, R/o. Kurthidad, Wadrafnagar, Police Station - Basantpur, Chowki - Wadrafnagar, District - Balrampur-Ramanujganj (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : Station House Officer, Police Station - Basantpur, Chowki - Wadrafnagar, District - BalrampurRamanujganj (C.G.) ---- Respondent For Applicant : Mr. D.N. Prajapati, Advocate For Respondent/State : Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/09/2016 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.84/2016, registered at Police Station - Basantpur, Chowki- Wadrafnagar, District - Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 456, 354, 354(A), 323, 506 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that on 11.07.2016, the victim made a report that the applicant went inside the house of the victim and demanded kiss and having refused caught hold of the victim and dragged her outside the house and thereafter, assaulted and abused, thereby she sustained injuries.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and because of enmity false

Page No.2 allegations have been attributed to the applicant. It is further submitted that charge-sheet has been filed and no further investigation is necessary, therefore, the counsel prays that the applicant may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel appearing for the parties. 6.

Perused the statement of the victim. Considering the facts and circumstances of this case and the degree of allegation further taking into the fact that the applicant is in jail since 12.07.2016 and charge-sheet in this case has 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/- (Goutam Bhaduri) Judge Balram