Ajay Tandan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3996 of 2018 Ajay Tandan S/o Gainda @ Gendlal, aged about 24 years, R/o Rampa, Police Station- Kunda, Tahsil Pandariya, District- Kabirdham (C.G.). --- Applicant

Versus

State of Chhattisgarh, Through District Magistrate, Kabirdham, DistrictKabirdham (C.G.). ---- Respondent For Applicant :

Mrs. Nirupama Bajpai, Advocate For Respondent :

Mr. Arvind Shukla, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 28/06/2018 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. 90/2018 registered at Police StationKunda, District- Kabirdham (C.G.) for the offence punishable under Sections 376, 506 & 456 of IPC.

2.

As per prosecution story it is alleged that in the mid-night of 56/04/2018 at about 1-2 am, the applicant entered into the room of the prosecutrix, a lady aged about 30 years of age and committed rape with her by showing sickle and also threatened her to life. On the basis of report made by the prosecutrix, offence was registered and the applicant was arrested on 07/04/2018.

3.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present

case. She further submits that the prosecutrix is the aunt of the present applicant and there was a previous enmity between both the families. On 05/04/2018, when there was engagement of the present applicant, at that time also, the prosecutrix, her brother and her father had made a dispute. Thereafter, a false report was lodged against the present applicant. She further submits that the applicant is in custody since 07/04/2018, charge-sheet has been filed and the trial will likely to take some more time, therefore, the applicant may be released on bail. 4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the above facts and circumstances of the case, particularly considering that the applicant is in custody since 07/04/2018, charge-sheet has been filed and the trial will likely to take some more time, without further commenting on merit of the case, 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. 10,000/- 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/- Judge Arvind Singh Chandel Rahul