Single judge order rejecting bail application under Section 439 CrPC due to gravity of IPC offences, pendency of other cases, and applicant's criminal antecedents.
Bail application under Section 439 CrPC rejected; trial to be concluded within 3 months.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C.No. 3691 OF 2015
Narad Shrivas S/o Gopi Shrivas, Aged about 27 years, R/o 27 Kholi Vikas Nagar, Police Station Civil Lines, Tahsil Bilaspur, Civil & Revenue District Bilaspur (C.G.)
---Applicant
Versus
State of Chhattisgarh Acting through District Magistrate Bilaspur, Police Station Civil Lines Bilaspur, Civil & Revenue District Bilaspur (C.G.)
---Non-applicant
For Applicant : Mr. Devesh G. Kela, Advocate For Non-applicant : Mr. Anant Bajpai, P.L.
Hon’ble Shri Justice Sanjay K. Agrawal
Order on Board
02/09/2015
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. 174/15, registered at Police Station Civil Lines Bilaspur (C.G.), for the offence punishable under Sections 354-D, 354 of I.P.C.
2. After hearing learned counsel appearing for the parties and taking into consideration the nature and gravity of offence; 7 to 8 cases are pending consideration for various offences against the applicant and looking to the criminal antecedent of the applicant and the manner in which applicant is said to have out raged the modesty of the girl, this Court is not inclined to release the applicant on regular bail.
3. Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected. However, trial Court is directed to expedite the trial and decide the
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cases within 3 months from the date of receipt of certified copy of this order.
4. Certified copy as per rules.
Sd/- (Sanjay K. Agrawal) JUDGE
Tiwari
2 issues framed by the court
Whether bail should be granted to the applicant considering the gravity of the offence and criminal antecedents.
Whether the trial court should be directed to expedite the trial.
2 provisions across 2 enactments
Narad Shrivas
State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
