Vijay Banjare v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4780 of 2020 • Vijay Banjare, S/o. Chunuram Banjare, Aged about 28 years, Resident of Village Atarmara, Police Station Panduka, District Gariyaband Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through The Station House Officer, Police Station Panduka District Gariyaband Chhattisgarh ---- Respondent For Applicant : Shri K.K.Dewangan, Advocate For Respondent/State : Shri Adil Minhaj, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 01/09/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 72/2020 registered at police station Panduka district Gariyaband (CG) for the offence punishable under Sections 454 and 354 IPC.
As per prosecution case, report was lodged by the complainant alleging that when her parents left to the field and she was alone in the house, the applicant entered and caught hold of her hand and made an attempt to outrage her modesty.
Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail since 28.06.2020; charge sheet has been filed; the offence is triable by Magistrate and looking to the conduct of the prosecution it is clear
that the trial will take time for its conclusion therefore he may be released on bail.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
Sd/- (Rajani Dubey) Judge suguna