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High Court Of ChhattisgarhMCRC/8172/2016allowed

Ramdhani Cherva v. State Of Chhattisgarh

2016-12-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8172 of 2016 Ramdhani Cherva S/o Buddhu Cherva, Aged About 42 Years R/o Chalgali, Bhandarpara, Police Station Chalgali, District Balrampur Ramanujganj (Chhattisgarh).

----Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Chalgali, District Balrampur Ramanujganj (Chhattisgarh). ---- Respondent For applicant - Shri Jitendra Shrivastava, Advocate. For Respondent/State - Shri Arvind Shukla, PL. Hon'ble Shri Justice Goutam Bhaduri Order 21/12/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.36/2016 registered in Police Station Chalgali, Dist. Balrampur-Ramanujganj for offence punishable under sections 354, 354 (£) & 506 of Indian Penal Code. 2.

As per the prosecution case, a report was made by the victim on 11/09/2016 that while the victim/prosecutrix was going to answer call of nature in the morning at 4.30 am at that time the applicant came there caught hold of the hand and threw the prosecutrix to the ground, when she raised alarm husband of the prosecutrix came there and the applicant fled away.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and it is not possible to commit like nature of offence when prosecutrix was followed by her husband. He submits that charge sheet has been filed, applicant is in jail since 21/09/2016, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the victim. Considering the statement and

degree of allegation, also considering the fact that charge sheet has been filed, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri