Bhupendra Das @ Bablu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5161 of 2020 • Bhupendra Das @ Bablu S/o Parmanand Das, aged about 23 years, R/o Parwati Nagar, Murra Bhatti, Gali No.3, Thana Gudhiyari, District Raipur (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Gudhiyari, District Raipur (CG) ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Samir Singh, Advocate For Respondent/State : Shri H.S. Ahluwalia, Dy, Advocate General -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 21.09.2020 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.120/2020, registered at Police Station Gudhiyari, District Raipur(CG) for the offence punishable under Section 354 of the IPC.

3.

As per the case of prosecution, the complainant has lodged a report that in the night of 21.7.2020, the applicant tried to outrage her modesty and caught hold of her hand and when she resisted he threatened her to dire consequences. 4.

Learned counsel for the applicant submits that the applicant has not committed any offence. He submits that on account of dispute of water with the wife of the applicant, the complainant has lodged a false report against the applicant. He submits

that the applicant is in jail since 22.7.2020 and trial is likely to take some time for its final disposal, therefore, the applicant may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant; detention period of the applicant and trial may take some time for its final disposal, I am of the opinion that present is a fit case to release the applicant on bail.

8.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita