Dhansingh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5768 of 2020 • Dhansingh Sahu S/o Shri Lt. Shri Damarsingh Sahu Aged About 44 Years R/o Village Jajra, P. S. Rajim, District Gariyaband Chhattisgarh, ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Rajim, District Gariyaband Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Pragalbha Sharma, Advocate.

For State :

Ms. Veena Nair, Deputy Advocate General Hon'ble Shri Justice Gautam Chourdiya Order on Board 25-11-2020

1. The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he is in jail since 13-8-2020 in connection with Crime No.140 of 2020 registered at Police Station Rajim, District Gariaband (CG) for the offence punishable under Sections 354 and 454 of IPC.

2. The allegation against the present applicant is that on 5-8-2020 when the complainant was alone in her house, at that time the applicant came to her and told her to make physical relation with him and when she refused him, he offered money for the exchange and tried to outrage her modesty by using criminal force and thereby he has committed the aforesaid offence.

3. Learned counsel for the applicant submits that the applicant has

been falsely implicated in the crime in question. There is delay in lodging the report for which no explanation has been offered by the prosecution. He further submits that the applicant is in custody since 13-8-2020 and trial is likely to take some time for its disposal, therefore, the present applicant may be granted bail.

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

5. I have heard learned counsel for the parties and perused the record.

6. Considering the facts and circumstances of the case, nature of allegations levelled against the applicant, further considering the detention period of the applicant, conclusion of trial make take some time and without further comments on the merits of the case, I am of the opinion that it is a fit case to grant the bail to the applicant.

7. Accordingly, the application is allowed an it is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial court, till disposal of the trial. Sd/- (Gautam Chourdiya) Judge Raju