High Court Of ChhattisgarhMCRC/8621/2018allowed

Bohran v. State Of Chhattisgarh

2018-11-29Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8621 of 2018 • Bohran, S/o Vifan, aged about 45 years, R/o Tripuri, PS Kusmi, DistrictBalrampur-Ramanujganj, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through the Station House Officer, P.S. Kusmi, District- Balrampur-Ramanujganj, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Ms. Rashmi Verma, Advocate.

For Respondent/State : Smt. Smita Ghai, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 29/11/2018

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 76/2018, registered at Police Station - Kusmi, DistrictBalrampur-Ramanujganj, Chhattisgarh, for the offence punishable under Sections 294, 323, 324, 354 of the Indian Penal Code.

2. As per the prosecution story, in brief, is that on 06.09.2018 at about 11.10 AM when the prosecutrix was going to collect material for Aanganbadi, on the way the Applicant caught hold her and tried to outrage her modesty and even the Applicant abused and assaulted the prosecutrix. Report was made by the prosecutrix, on the basis of which offence has been registered against the Applicant. He has been taken into custody on 07.09.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. She further states that charge-sheet has already been filed and the

Applicant is in custody since 07.09.2018. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

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

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that charge-sheet has already been filed, Applicant is in custody since 07.09.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash