Murari Sahu @ Manohar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 947 of 2020 • Murari Sahu @ Manohar Sahu S/o Shri Chhabiram Sahu Aged About 45 Years R/o Village And P. S. Sakri, District Baloda Bazar Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P. S. Gobra Nawapara, District Raipur Chhattisgarh.

---- Respondent For Applicant.

:

Mr. C. R. Sahu, Advocate.

For Respondent/State :

Mr. Jitendra Pali, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 28.05.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 369/2019 registered at Police Station : Gobra Nawapara, Civil and Revenue District Raipur (C.G.) for the offence punishable under Sections 420, 376 & 342 of the IPC.

2. The prosecution story in brief is that on 21.08.2019, complainant lodged a report at the concerned police station alleging therein that from 01.11.2018 to 26.06.2019, applicant embezzled with the prosecutrix in the name of providing her job and also committed sexual assault with her. Thereafter, he made obscene video of prosecutrix and blackmailed 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 has been falsely implicated in the crime in question because he was not involved in any such incident. He further submits that he did nothing wrong or misbehaved with the prosecutrix. The applicant is in jail since 06.11.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

4. On the other hand, State counsel strongly opposes the bail application.

5. I have heard learned counsel for the parties and perused the record.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and age of the prosecutrix, as applicant is in jail since 06.11.2019 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 local 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.

8. It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court

of India dated 23.03.2020 in the matter of in Re : Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (c) No. 1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks from today.

9. Certified copy, as per rule.

Sd/- (Rajani Dubey) Judge Vijay Sahu