Chandan Korram v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6616 of 2016

1. Chandan Korram, S/o. Late Kartik Ram Korram, aged about 32 years, R/o. Village-Tumdibod, Police Station & Tehsil Dongargaon. Presently Residing at Jamatpara, Police Station - Chikhali, Tehsil and District - Rajnandgaon (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : the Police Station - Chikhali, District - Rajnandgaon (C.G.) ---- Respondent For Applicant : Mr. S.S. Baghel, Advocate For Respondent/State : Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 26/10/2016 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.494/2016, registered at Police Station - Chikhali, District - Rajnandgaon (C.G.) for the offence punishable under Section 294 & 354 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that on 21.07.2016, the applicant, who is brother-in-law of the victim has entered into the house of the victim while she was alone and abused her and placed hand on her waist and thereby tried to outrage her modesty for which the report was made on 22.07.2016. Thereby the offence has been committed.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no offence is committed by

Page No.2 him. It is further submitted that charge-sheet in this case has been filed and the applicant is in jail since 05.08.2016, 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 the case, the nature of offence and the degree of allegation and further considering the fact that charge-sheet in this case has been filed and the applicant is in jail since 05.08.2016, 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