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High Court Of ChhattisgarhMCRC/2786/2020allowed

Meghraj @ Daddu Sahu v. State Of Chhattisgarh

2020-06-16Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2786 of 2020 Meghraj @ Daddu Sahu, S/o Shri Santosh Sahu, Aged About 20 Years, R/o Makeshwar Ward Dhamtari, Police Station City Kotwali, Tahsil and District- Dhamtari (C.G.) --- Applicant

Versus

State of Chhattisgarh, Through: The Station House Officer, Police Station City Kotwali Dhamtari, District- Dhamtari (C.G.) --- Respondent ________________________________________________________ For Applicant :

Mr. Pravin Dhurandhar, Advocate.

For State/ Respondent :

Mr. Sudeep Verma, Dy. Govt. Advocate.

________________________________________________________ Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board /06/2020 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 189/2020, registered at Police Station- City Kotwali, DistrictDhamtari (C.G.) for the offence punishable under Sections 294, 323, 341, 354 of IPC, Section 8 of Protection of Children from Sexual Offences Act & Section 3(A)(VA) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2.

Learned counsel for the applicant submits that the applicant is in jail since 07.05.2020 and has been falsely implicated in this case. No case is made out against the present applicant, hence, it is prayed that the applicant be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail

application submitting that no case is made out for grant of regular bail to the applicant.

4.

Heard counsel for both the parties and perused the records. 5.

As per case of the prosecution, it is alleged that this applicant blamed victim for being informant of police and then he abused her and by use of physical course, he outraged modesty of the minor prosecutrix.

6.

After considering the facts and circumstances as well as nature of the case, I am of the view that it would be proper to release the applicant on regular bail, hence, I feel inclined to grant bail to the applicant in this case.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Certified copy, as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Arun