High Court Of ChhattisgarhMCRC/3803/2019allowed

Mahendra Sahu v. State Of Chhattisgarh

2019-06-25Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3803 of 2019 • Mahendra Sahu S/o Late Hiraram Sahu Aged About 40 Years R/o Village Arjuni, P.S. Sakti, District- Janjgir-Champa, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through S.H.O., P.S. Sakti, DistrictJanjgir-Champa, Chhattisgarh. ---- Respondent For Applicant : Mr. Ravindra Sharma, Advocate.

For Respondent/State : Mrs. Smriti Shrivastava, P.L. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 25/06/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 190/2019, registered at Police Station Sakti, District Janjgir Champa (C.G.) for the offence punishable under Section 294, 341, 354, 506 of the IPC and Section 3 (2) (5) (a) of SC/ST Act.

2. As per prosecution story, prosecutrix of the case lodged a written report in police station alleging therein that on 14.04.2019, when she was returning from beauty parlour, the applicant came there and caught hold her hand, used filthy language and threatened to kill her with intent to outrage her modesty. On the basis of said report, offence has been registered. The applicant is in custody since 16.04.2019.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case due to some dispute with the prosecutrix. He further submits that the applicant is in custody since 16.04.2019, chargesheet has already been filed and trial is likely to take some time. Therefore, the applicant may be released on bail.

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

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant is in custody since 16-04-2019, chargesheet has already been filed and trial is likely to take some time, without further commenting on merits 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. 25,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Shubham