This order grants regular bail to the applicant accused of outraging modesty under Section 354 IPC and Section 18 POSCO Act. The High Court held that since the charge-sheet was filed, the case was a fit one for bail upon furnishing a personal bond and one surety.
Released on regular bail on personal bond of Rs. 25,000 with one surety in like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC NO. 3837 of 2015
Deepak Dhruw, son of Gariba Dhruw, aged about 23 years, resident of village Tikuliya, P.S. and Tahsil Bhatapara, Civil and Revenue District Baloda Bazar/Bhatapara (CG)
---Applicant
Versus
State of Chhattisgarh, Through : Station House Officer, P.S. Bhatapara Gramin, Civil and Revenue District Baloda Bazar/Bhatapara (CG)
---Non-applicant
For Applicant : Mr. A.P.Sharma, Advocate For Non-applicant : Mr. S.Awasthy, Panel Lawyer
Hon’ble Shri Justice Sanjay K. Agrawal
Order on Board
10/08/2015
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.142 of 2015, registered at Police StationBhatapara Gramin, Distt.Baloda Bazar-Bhatapara (C.G.), for the offence punishable under Section 354 of the IPC and Section 18 of the POSCO Act.
2. Case of the prosecution, in brief, is that the present applicant has outraged the modesty of victim Ku.Poornima Verma on 15.6.2015 and thereby committed the aforesaid offence.
3. Learned counsel for the applicant would submit that applicant has not committed any offence and he has been falsely implicated in this case. He would further submit that the applicant is in jail since 16.6.2015, charge-sheet has already been filed and no further interrogation is required and therefore, he may be released on bail.
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4. On the other hand, learned counsel for the State would oppose the bail application.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the present applicant, his pre-trial detention and the fact that charge-sheet has already been filed, I 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 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/-
(Sanjay K. Agrawal)
JUDGE
B/-
1 issue framed by the court
Whether the applicant is entitled to regular bail in a case punishable under Section 354 IPC and Section 18 POSCO Act.
3 provisions across 3 enactments
Deepak Dhruw
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
