Himadri Barua, v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4886 of 2020 • Himadri Barua S/o Shri Kalyand Barua aged about 32 years, R/o H.I.G. 385, Sector-29, Naya Raipur, District-Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through - P. S. Rakhi, District-Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Prgalbha Sharma, Adv.

For Respondent/State :

Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 03/09/2020

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. 60/2020 registered at Police Station Rakhi, District-Raipur (C.G.) for the offence punishable under Section 376 of the IPC.

2. The prosecution story, in brief is that, prosecutrix lodged a written complaint that on 29.12.2019, applicant called her in his ofÏce, committed sexual intercourse and threatened her to viral obscene video. 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 when the statement of the prosecutrix was recorded under Section 164 & 161 of Cr.P.C. before the Magistrate and Police respectively, she narrated different stories. He also submits that the applicant is in jail since 09.07.2020, 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 09.07.2020, 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