Nimai Rai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2568 of 2020 • Nimai Rai S/o Anil Rai Aged About 56 Years Residing At Village Telasi, Police Station And District Narayanpur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Kondagaon, District Kondagaon, Chhattisgarh.

---- Respondent For Applicant : Shri Praveen Kumar Tulsyan, Advocate For Respondent/State : Shri Adil Minhaz, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 13/05/2020 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. 14/2020 registered at police station Narayanpur, district Narayanpur (CG) for the offence punishable under Sections 354,354 (A), 354(B) and 506 IPC and Section 8 of the Protection of Children from Sexual Offences Act. As per prosecution case, a report was lodged by the complainant alleging that the applicant has tried to outrage her modesty.

Counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the

report has been lodged after a long delay. He submits that the applicant is the father of the complainant and that he has refused to get his daughter/complainant married with a boy she loved and therefore a false report has been lodged against him. He submits that the applicant is in jail since 24.01.2020; 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.

Taking into consideration the submissions of the counsel for the parties and nature of offence, I am inclined to enlarge 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 local surety for the like sum to the satisfaction of the concerned Court on the condition that he shall appear before the trial court regularly on each and every date of hearing unless and until exempted, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna