Allowed

Nawal Diwakar v. State Of Chhattisgarh

Chhattisgarh HC13 Jul 2016MCRC/3586/2016

Case brief

AI extract

What is this about?

In two connected bail applications, the High Court of Chhattisgarh allowed the grant of regular bail to two applicants accused of offences under IPC sections 456, 354, 506 and 34. The court inclined to release them on personal bond with sureties despite the prosecution's opposition and failure to engage with the merits of the non-identification claim.

What did the court decide?

Release on bail on furnishing a personal bond of Rs.25,000/- with one surety each.

Nawal Diwakar Vs State Of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2016)

¶1

HIGH COURT OF CHHATTISGARH, BILASPUR

¶2

MCRC No. 3586 of 2016

¶3

Nawal Diwakar, S/o. Amardas, Aged About 20 Years, R/o. Village Araiband, Police Station Takhatpur, District Bilaspur, Chhattisgarh.

¶4

---- Applicant

¶5

Versus

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State Of Chhattisgarh, Through : Station House Officer, Police Of Police Station- City Kotwali, Mungeli, District - Mungeli, Chhattisgarh.

¶7

---- Respondent

¶8

¶9

MCRC No. 3589 of 2016

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Radhe Lal, S/o. Sanat Kumar, Aged About 22 Years, R/o. Village Araiband, Police Station Takhatpur, District Bilaspur, Chhattisgarh.

¶11

---- Applicant

¶12

Versus

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State Of Chhattisgarh, Through : Station House Officer, Police Of Police Station- City Kotwali, Mungeli, District - Mungeli, Chhattisgarh.

¶14

---- Respondent

¶15

For Applicants : Mr. B.P.Banjare, Advocate For Respondent : Ms. K. Tripti Rao, Panel Lawyer.

¶16

Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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13.07.2016

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These are the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.254/2016, registered at Police Station- City Kotwali, Mungeli, District Mungeli (C.G.) for the offence punishable under Section 456, 354, 506, 34 of Indian Penal Code.

¶20

Case of the prosecution, in brief, is that on 18.03.2016 the applicants alongwith the other co-accused Kailash Kurre entered into the house of the prosecutrix and Kailash Kurre tried to outrage her modesty, thereby the offence is committed.

¶21

Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case because as per the statement under Section 164 of Cr.P.C. the present applicants Nawal Diwakar & Radhe Lal have not identified and they were not present in the spot when the incident took place; therefore, considering the fact that the charge sheet has been filed, the applicants may be released on bail.

¶22

Per contra, learned State counsel opposes the prayer for grant of bail.

¶23

Perused the case diary and the documents. Considering the facts and circumstances of the case and taking into the statement under Section 164 and further considering the fact that the charge sheet has been filed, without any observation on merit, I am inclined to release the applicants on bail.

¶24

Accordingly, both the bail application filed under Section 439 of Cr.P.C. is allowed.

¶25

It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

¶26

Sd/- (Goutam Bhaduri) Judge

¶27

Ashok

Nawal Diwakar v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nawal Diwakar v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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