High Court Of ChhattisgarhMCRC/976/2018allowed

Rajendra Malik v. State Of Chhattisgarh

2018-04-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 976 of 2018 Rajendra Malik S/o Amal Malik Aged About 38 Years R/o Village P.V. 119, P.S. Pakhanjur Tahsil Pankhanjur District North Bastar Kanker Chhattisgarh. --- Petitioner

Versus

State of Chhattisgarh through The Police Station Pankhanjur District North Bastar Kanker Chhattisgarh, District : Kanker, Chhattisgarh --- Respondent For the applicant :

Mr. Pravin Tulsyan, Advocate.

For the Respondent :

Mrs. Astha Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .0 4 .2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.157/2017 registered at Police Station Pakhanjur, Distt. North Bastar, Kanker (C.G) for the offences punishable under Sections 457, 506, 354, 427 of IPC.

2. As per the prosecution case, a report was lodged by the victim that on 06.12.2017 the applicant forcibly entered into her house, pulled her Sari and thereafter tried to outrage her modesty. It is further alleged that she was abused and threatened and out of fear, she came out of the house and while rushing to the house of her mother-in-law along-with her children on the way when she has turned back her head, she has seen that her sari was burnt, thereby the offence has been committed.

3. Learned counsel for the appellant would submit that the

incident happened for the reason that some monetary transaction was existing between the parties. He further submits that the applicant is in jail since 11.12.2017 and no further investigation is required, therefore, he may be released on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Perused the statement of the victim. Considering the same and the fact that the applicant is in jail since 11.12.2017 and no further investigation is necessary, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o