Jakir Hussain v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 603 of 2020 • Jakir Hussain S/o Shri Shri Kayyum Khan Aged About 28 Years Resident Of Village- Taragarh, Thana- Lailunga, Civil And Revenue District- Raigarh Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through, Station House Officer, Police Station- Patthalgaon, Civil And Revenue, District- Jashpur Chhattisgarh ---- Respondent For Applicant : Shri Sunil Sahu, Advocate For Respondent/State : Shri Vinod Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 09/03/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.235/2019 registered at police station Patthalgaon, district Jashpur (CG) for the offence punishable under Sections 452 and 354 IPC.

As per prosecution case, report was lodged by the complainant alleging that on the date of incident, applicant entered her house, caught hold of her hand and made an attempt to outrage her modesty. 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 19.12.19 and the trial will take time for final disposal and therefore he may be released on bail. On the other hand, learned counsel for the State opposes the bail application.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegation against the applicant, I am inclined to release him on bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna