High Court Of ChhattisgarhMCRC/1119/2020allowed

Mahboob @ Sonu v. State Of Chhattisgarh

2020-03-23Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1119 of 2020 • Mahboob @ Sonu S/o Abdulla Seikh Aged About 20 Years Resident Of Village Dumarhar, Police Station Babhni, District Sonebhadra Uttar Pradesh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station- Ajak Balrampur, District Balrampur-Ramanujganj Chhattisgarh ---- Respondent For Applicant : Shri Arun Shukla, Advocate For Respondent /State : Shri H.S.Ahluwalia, Dy.AG Hon'ble Smt. Justice Rajani Dubey Order On Board 23/03/2020 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. 11/2019 registered at police station Ajak Balrampur, district Ramanujganj (CG) for the offence punishable under Sections 363,366 and 376/34 IPC;Section 3(2)(5) of the SC/ST (Prevention of Atrocities)Act and Sections 4 & 6 of the Protection of Children from Sexual Offences Act.

As per prosecution case, report was lodged by the complainant alleging that the applicant developed physical relations with her on the pretext of marriage.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the prosecutrix is more than 16 years of age. He submits that the applicant is in jail since 14.10.2019; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular 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 in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna