High Court Of ChhattisgarhMCRC/321/2020allowed

Muritram Suryavanshi v. State Of Chhattisgarh

2020-02-27Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 321 of 2020 • Muritram Suryavanshi S/o Late Parwatlal Aged About 44 Years R/o Village Sakarra, Thana Hirri, Tahsil Sakri, District Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Mahila Thana, Bilaspur, District Bilaspur Chhattisgarh.

---- Respondent For Applicant.

Mr. Sanjay Agrawal, Advocate.

For Respondent/State :

Mr. Vinod K. Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 27.02.2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 43/2019 registered at Police Station - Mahila Thana, District Bilaspur (C.G.) for the offence punishable under Sections 376 & 506 of IPC.

2. As per the prosecution case, on 12.12.2019, when the prosecutrix was returning to her home with her husband, at that time, the applicant came across and told her husband to drop her in his motor cycle and, on the way, he committed rape on her. Based on that, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He next submits that prosecutrix is above 38 years of age and

she was also consenting party. Applicant is in jail since 13.12.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

4. Per contra, State counsel 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, age of the prosecutrix and further considering that the applicant is in jail since 13.12.2019 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 surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu