Bhanu @ Kuleshwar Markande, v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4524 of 2020 • Bhanu @ Kuleshwar Markande S/o Shri Bodhiram aged about 27 years, R/o Village Patori, P.S. Fingeshwar, District-Gariaband, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through - Police Station-Fingeshwar, District-Gariaband, Chhattisgarh.

---- Respondent For Applicant :

Mr. Pragalbha Sharma, Adv.

For Respondent/State :

Mr. Rahul Jha, G. A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 26/08/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 99/2020 registered at Police Station Fingeshwar, District-Gariyaband (C.G.) for the offence punishable under Sections 354 and 354D

(1) of the IPC.

2. The prosecution story, in brief is that, prosecutrix made a written complainant on 08.06.2020 against the applicant with the allegation that from past 4-5 months the applicant who used to come at her place without any reason and followed her when she went for bath in the pond and on 08.06.2020 when her husband was not in the house the applicant came and outraged her modesty by using criminal force. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the prosecutrix is a major married lady and the applicant is in jail since 09.06.2020, there is no likelihood of his case being decided in near future,

therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicant is of serious in nature; therefore, no case is made out for grant of bail.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is in jail since 09.06.2020, and 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.

7. 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 trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu