Deman Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6418 of 2020 Deman Sahu S/o Eyjuram Sahu Aged About 40 Years R/o Village And Post Bateral PS Ranitarai Tahsil Patan District Durg Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through PS Ranitarai, District Durg Chhattisgarh.

---- Respondent For applicant - Shri Saleem Kazi, Advocate.

For Respondent/State - Ms. Sunita Jain, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 14/12/2020 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime 181/2019 registered in Police Station Ranitarai, District Durg (C.G.) for offence punishable under sections 376 of Indian Penal Code.

2.

As per the prosecution case, the prosecutrix when went to get herself treated alongwith her daughter to the clinic of the applicant on 28/12/2019 the applicant physically assaulted the prosecutrix, thereby offence has been committed.

3.

Learned counsel for the applicant submits that the clinic of the applicant and the house are one and same and in the house the other family members are also present and the report would show that it is completely false. He would submit that the prosectrix's husband asked money from the applicant which was not paid, therefore offence has been registered, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the bail application and would refer

to the statement of the prosecutrix.

5.

Perused the statement of the prosecutrix and the map of the place of incident. Charge sheet in this case has been filed. Considering the nature of allegation and the fact that charge sheet has been filed, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri