High Court Of ChhattisgarhMCRC/757/2020allowed

Gitam Singh v. State Of Chhattisgarh

2020-03-17Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 757 of 2020 • Gitam Singh S/o Jogender Singh Aged About 22 Years R/o Jatora, Post Karhara, Station Malpura, Agra, District Agra, Uttar Pradesh, Present Address Delhi Sweats, T.P Nagar, Korba, Tahsil And District Korba, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Urga, District Korba, Chhattisgarh.

---- Respondent For Applicant.

Mr. Anshul Tiwari, Advocate.

For Respondent/State :

Mr. Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 17.03.2020

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. 267/2018 registered at Police Station - Urga, Korba, District Korba (C.G.) for the offence punishable under Sections 376 & 506 of IPC.

2. As per the prosecution case, the allegation against the present applicant is that he committed sexual intercourse with the prosecutrix against her will and threatened her not to disclose the fact to anyone. Based on that, after investigation, offence has been registered against him 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 the prosecutrix and applicant were well

acquainted to each other for a very long time and no offensive activities has been committed. The applicant is in jail since 10.12.2019 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, as applicant is in jail since 10.12.2019 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