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High Court Of ChhattisgarhMCRC/3134/2019allowed

Sheikh Shakeel @ Laal v. State Of Chhattisgarh

2019-05-16Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3134 of 2019 Sheikh Shakeel @ Laal, aged about 24 years S/o Sheikh Saydul R/o Santoshi Nagar, Gitti Khadan, Chourasiya Colony Moard, Police Station Tikrapara, Raipur, District Raipur Chhattisgarh at present Dhobi Gali, Rent as Maksood Haji House Baijnath, Police Station City Kotwali, Raipur, District Raipur (Chhattisgarh).

----Applicant

Versus

State of Chhattisgarh, Through Police Station, Golbazar, District Raipur (C.G.) ---- Respondent For Applicant :

Mr. B.D. Guru, Advocate For Respondent :

Mr. V.K. Agrawal, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 16/05/2019 1.

The Applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 92/2019 registered at Police Station Golbazar, District Raipur (C.G.) for the offence punishable under Sections 341, 354. 354 (a) (I) (ii) & 354 (D) of the IPC.

2.

In this case, the age of the Prosecutrix is about 38 years. As per prosecution story, on 06/04/2019 at about 4-5 pm when the Prosecutrix was returning to her shop, it is alleged that the Applicant stopped her on the way and hold her hand. He asked her to go for a ride. It is also alleged that the Applicant often used filthy language and also tried to outrage her modesty. A report has been lodged by the Complainant on 07/04/2019. On the basis of that report, offence has been registered and the Applicant

has been arrested on 12/04/2019.

3.

Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated due to earlier dispute between both of them. He further submits that the Applicant is in custody since 12/04/2019, there is no criminal antecedent against the Applicant and trial will take time, therefore, the Applicant may be released on bail. 4.

Counsel appearing on behalf of the State opposes the bail application. 5.

I have heard learned counsel for the parties. 6.

Considering the entire facts and circumstances of the case, particularly, the evidence collected by the prosecution and that the Applicant is in custody since 12/04/2019, there is no criminal antecedent against the Applicant, and trial will likely to take time, I am inclined to release the Applicant 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 surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- (Arvind Singh Chandel) Judge Rahul