Lakhan Vastrakar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1876 of 2020 • Lakhan Vastrakar S/o Shri Jagdish Vastrakar, aged about 26 year, R/o Village Podi, Bharni, P.S. Sakri, District Bilaspur (C.G.).
---- Applicant
Versus
• State of Chhattisgarh Through : The Station House OfÏcer, Sakri, Bilaspur, District Bilaspur (C.G.) ---- Respondent For Applicant :
Shri Dheerendra Pandey, Advocate For Respondent :
Shri Sameer Sharma, Dy. G.A.
Hon'ble Smt Justice Rajani Dubey Order on Board 10/06/2020 1.
The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.45/2020, registered at Police Station - Sakri, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 323, 354 and 457 IPC.
2.
The prosecution story, in brief, is that complainant Babita made a written report at police station Sakri stating therein that in the mid night of 23.2.2020 when her husband got asleep after meal, at about 10.00 PM the present applicant entered her house, caught hold of her and torn her blouse with intent to outrage her modesty. Further, case is that when the husband of complainant woke up, the applicant committed maarpeet with him. Based on this, offence has
been registered. The present applicant has been taken into custody on 24.02.2020.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the complainant/prosecutrix is major aged about 27 year. He also submits that the applicant is in custody since 24.02.2020, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.
4.
On the other hand, learned counsel for the State opposed the bail application.
5.
I have heard learned counsel for the parties and perused the record.
6.
Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicant is in custody since 24.02.2020, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.
7.
Accordingly, the bail application is allowed. 8.
It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.
9.
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.
Certified copy, as per rules.
Sd/- (Rajani Dubey) Judge Pekde