High Court Of ChhattisgarhMCRC/3035/2019allowed

Mukesh Kumar Sahu v. State Of Chhattisgarh

2019-05-09Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3035 of 2019 • Mukesh Kumar Sahu S/o Late Rishi Kumar Sahu Bahadur, Aged About 28 Years Occupation Trader, R/o Soniya Nagar, Police Stastion Kotra, Road, Tahsil and District Raigarh, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Police Station Chowki Juitmil, Police Station City Kotwali, Raigarh District Raigarh, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Shri Sanjay Agrawal, Advocate.

For Respondent/State : Shri V.K. Agrawal, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 09/05/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 265/2019, registered at Police Station - Chowki Juitmil, City Kotwali, Raigarh, District - Raigarh, Chhattisgarh, for the offence punishable under Sections 354, 354A of the IPC.

2. In this case age of the prosecutrix is about 40 years. On 03.04.2019, prosecutrix lodged a report wherein it has been stated that on 30.03.2019 when she was going with the Applicant in a car for networking business, allegedly, present Applicant touched her hand and tried to outrage her modesty. On the basis of the said allegation, offence has been registered. Applicant has been taken into custody on 04.04.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case due to some dispute. He further submits that Applicant has no previous

antecedent. Charge-sheet has been filed, Applicant is in custody since 04.04.2019 and trial is likely to take some time. Therefore, Applicant may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that Applicant has no previous antecedent, he is in custody since 04.04.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

9. Certified copy to be supplied today.

Sd/- (Arvind Singh Chandel) Judge Prakash