The High Court allowed a bail application under Section 439 Cr.P.C. filed by an applicant in custody accused of an offence under Section 354 IPC. The court directed his release on bail subject to conditions.
The bail application is allowed; the applicant shall be released on a personal bond of Rs. 50,000/- with one solvent surety of the like amount.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 8579 of 2022
Versus
Mr. G.R. Miri, Sr. Advocate with Mr. Basant Kaiwartya and Mr. Abhishek Banjare, Advocates for the applicant. Mr. Adil Minhaj, GA for the State/respondent.
Hon'ble Shri Justice Sachin Singh Rajput,
Order on Board
08.12.2022
The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is in custody in connection with crime No. 716 of 2022 registered in Police Station Police Chowki Lawan, Police Station Kasdol, District BalodabazarBhatapara, CG for offence punishable under Section 354 of IPC.
He further submits that the prosecutrix is specially abled child (deaf and dumb) but no offence was committed by the present applicant, investigation is complete and charge-sheet has already been filed. He further submits that the applicant is in jail since 07.09.2022. He submits that the procedure under Section 154 Cr.PC while recording the FIR and statement of the witnesses has not been followed, therefore, at this stage it cannot be believed and even otherwise the applicant would face the trial, therefore, he may be enlarged on bail.
a) he shall appear before the trial Court regularly on each and every date, unless exempted from appearance.
b) he shall not make any attempt to tamper with the prosecution witnesses.
c) he is restrained from meeting any of the prosecution witnesses & prosecutrix, till conclusion of trial.
Certified copy as per rules
Sd/-
(Sachin Singh Rajput) Judge
PAWAN
1 issue framed by the court
Whether the applicant is entitled to regular bail in a bail application under Section 439 Cr.P.C. under the circumstances of the case.
1 provisions across 1 enactments
Saroj Kumar S/o Labhoram Ratre
State Of Chhattisgarh Through - The Station House Officer, Police Chowki Lawan
Sachin Singh Rajput
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
