High Court Of ChhattisgarhMCRC/3719/2020allowed

Rakesh Kumar Singh v. State Of Chhattisgarh

2020-07-16Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3719 of 2020 • Rakesh Kumar Singh S/o Shivehand Singh Aged About 37 Years R/o Gayatri Nagar, Ward No 35 Zone-2, Khurshipar, Bhilai, District Durg Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate S.H.O Police Station Khurshipar, District-Durg Chhattisgarh. ---- Respondent For Applicant.

Mr. Avinash Chand Sahu, Advocate.

For Respondent/State :

Mr. Vimlesh Bajpai, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16.07.2020

1. Heard on admission.

2. Admit.

3. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 50/2020 registered at Police Station : Khurshipar, District Durg (C.G.) for the offence punishable under Section 354 of the IPC.

4. As per the prosecution case, the allegation against the present applicant is that on 04.01.2020 at about 07.00 PM when the prosecutrix was in her home, at that time, applicant entered her house and tried to outrage her modesty. Based on that, offence has been registered against the applicant and the applicant was arrested.

5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. Counsel for the applicant further submitted that prosecutrix is a married lady and there is a delay of 15 days in lodging the FIR and no sufficient ground is mentioned by the complainant. He next submitted that as applicant is in jail since 20.01.2020 and the trial is likely to take more time for its final disposal, therefore, he may be released on bail.

6. On the other hand, State counsel opposes the bail application.

7. I have heard learned counsel for the parties and perused the record.

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, age of the prosecutrix and the detention period of the applicant, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

9. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu