Lokendra @ Krishna Sahu v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 27 of 2020 • Lokendra @ Krishna Sahu S/o Shri Pilaram Sahu Aged About 19 Years Occupation- Study, R/o Village- Chhote-Khaira, Presently R/o Village- Chhind, Police Station- Sarangarh, District- Raigarh, Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh, Through - The OfÏcer In Charge Of Police Station- Station- Sarangarh, District- Raigarh, Chhattisgarh.

---- Respondent For Applicant :

Mr. Roop Naik, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 04/02/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 652/2019 registered at Police Station-Sarangarh, District-Raigarh (C.G.) for the offence punishable under Sections 354, 354 (d) (1) (2), 34 of the IPC and 3 (1) n /k, 3 (2) (5 d) of SC & ST (PA) Act.

2. The prosecution story, is that on 19.12.2019 the victim along with her senior was going to village Kudhari by walking at that time the applicant and other two co-accused came there and abused, assaulted and tried to outrage her modesty. The senior of the victim informed the police, thereafter the accused persons ran away from the spot. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 20.12.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 20.12.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court and the applicant is directed not to communicate/contact in any manner with the prosecutrix, her family members and the witnesses cited in the charge sheet and any other person concerned or attempt to ask for any favour in the trial directly or indirectly. If so, the prosecutrix, her family members and the witnesses may report the said act to the trial Judge and if the trial Judge finds after hearing that in any way the applicant directly or indirectly gave pressure for illegal favour in the trial or otherwise, the bail granted to the applicant shall be cancelled without further reference to the bench and the concerned trial Court may take the applicant in custody including other measures as provided under the law.

Sd/- (Rajani Dubey) Judge

H.L. Sahu