Than Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3409 of 2020 • Than Singh, S/o. Shri Sundeshwar Singh, Aged about 20 years, Resident of Villge Saila, P.S.Pasan, District Korba Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Police Station Pendra, District Gourela-Pendra-Marwahi, Chhattisgarh ---- Respondent For Applicant : Shri Abhishek Sinha, Advocate For Respondent/State : Shri K.K.Singh, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 26/06/2020 Heard on admission.
Admit.
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. 311/2019 registered at police station Pendra, district Gourela-Pendra-Marwahi (CG) for the offence punishable under Section 376 IPC.
As per prosecution case, report was lodged by the prosecutrix alleging that the applicant has developed physical relations with her on the pretext of marriage. It is further alleged that thereafter when she became pregnant, parents of the applicant refused to marry their
son and accept her.
Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there was a delay of about seven months in lodging the FIR. He further submits that the prosecutrix is major and when the parents of the applicant refused to marry, the report was lodged. Lastly, he submits that the applicant is in jail since 13.12.2019, 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 two sureties for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnishing 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 nod 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. Sd/- (Rajani Dubey) Judge suguna