Naveen Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8053 of 2018 • Naveen Kumar S/o Shri Phulewar Rai Aged About 29 Years R/o Village Rudouli ,post Humayupur , Police Station Bazarpatri ,district Sitamadhi ,bihar Presently Manager Central Bank Of India Kolkata West Bangal., District : Kolkata, West Bengal.

---- Applicant

Versus

• State of Chhattisgarh Through Police Station Civil Lines, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------ For the applicant : Mr. J.K. Gupta, Advocate.

For the respondent/State : Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Ram Prasanna Sharma Order on Board 12-11-2018.

1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 7-10-2018 in connection with Crime No. 455 of 2018 registered at Police Station Civil lines, District Raipur (CG), for the offence punishable under Sections 452, 323, 506 & 313 of IPC.

2.

As per case of prosecution, the applicant and some other coaccused assaulted the prosecutrix which led to her abortion and thereby the aforesaid offence was committed. 3.

Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in this case, prosecutrix was having relation with the applicant and

because of some dispute that arose between them, she lodged FIR against the present applicant, therefore, he should be enlarged on bail.

4.

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

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Looking to the submissions made by both sides and further looking to all the material present in the record, I am of the considered opinion that it is a fit case to release the applicants on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules Sd/- (Ram Prasanna Sharma) JUDGE Raju