Anil Kumar Thawait v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.385 of 2019 Anil Kumar Thawait, S/o Naresh Kumar, aged about 35 years, R/o Katgi, P.S. Kasdol, District Baloda Bazar (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Rajim, District Gariyaband (CG). ---- Non-applicant For Applicant : Mr. Suresh Tandan, Advocate.

For Non-applicant : Mr. Vikram Dixit, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 04.02.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no bail application is pending before any other Court.

2.

The applicant has been arrested in connection with Crime No.290/2018 registered in Police Station Rajim, District Gariyaband for the offence punishable under Section 354(D)(1)(i) of Indian Penal Code. 3.

Prosecution story in brief is that on 20.10.2018 the prosecutrix was aged about 31 years old. On 20.10.2018, the applicant, who is her brother-in-law and he used to criminal force upon her to outrage her modesty. 4.

Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case hence he may be released on bail.

5.

Counsel for the State opposed the prayer for grant of bail to the applicant however he submitted that there is no criminal antecedent is reported against the applicant.

6.

Looking to these facts and circumstances of the case, looking to the amount of consideration, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence; and the trial is likely to take some more time for its final disposal, this Court is inclined to give benefits of Section 439 of the CrPC to the applicant. Accordingly, the bail application is allowed.

7.

It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond in the sum of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that he shall appear before the Trial Court at 11:00 am as and when directed till trial and he would co-operate during the trial, he shall be released on bail and he shall not commit any such type of offence in future.

8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-