High Court Of ChhattisgarhMCRC/6163/2017allowed

Lalit Kumar Singh v. State Of Chhattisgarh

2017-11-27Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6163 of 2017 Lalit Kumar Singh S/o Shri Heera Lal Singh, Aged About 29 Years Occupation Govt. Doctor, R/o Mohalla Gandhinagar, P.S. Gandhinagar, Tahsil Ambikapur, District Surguja, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Gandhinagar, District Surguja, Chhattisgarh ---- Respondent For Applicant :

Shri Awadh Tripathi, Advocate For State :

Shri Chandresh Shrivastava, Panel Lawyer S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/11/2017 Heard.

1. The applicant is arrested in connection with Crime No.226 of 2017 registered in Police Station- Gandhinagar, District- Surguja (C.G.) for alleged commission of offence under Sections 376, 493 IPC.

2. Case of the prosecution, in brief, is that the applicant committed rape on the prosecutrix.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated by the prosecutrix on the pressure exerted by the parents of the prosecutrix. He further submits that the prosecutrix in her statement under Section 164 Cr.P.C. recorded before the Magistrate has clearly stated that the applicant has done nothing to her and he has been falsely implicated in her name.

4. On the other hand, learned counsel for the State, opposing the bail application, submits that looking to the nature of allegation, the applicant may not be released on bail.

5. Taking into consideration the submissions made by learned counsel for the

-2parties, particularly taking into consideration the statement under Section 164 Cr.P.C. of the prosecutrix recorded before the Magistrate, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court, with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/-- (Manindra Mohan Shrivastava) Judge Praveen