Rajkumar Gupta v. State Of Chhattisgarh

M.Cr.C. No. 6127 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6127 of 2021 • Rajkumar Gupta S/o Vijaymal Gupta Aged about 32 years R/o - Minimata Nagar Newai Station Maroda Bhilai Tehsil and District Durg (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : District Magistrate District Durg (C.G.) ---- State/Non-Applicant For Applicant :

Shri Avinash Chand Sahu, Advocate For Non-Applicant/State :

Ms. Deepti Shukla, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 14.09.2021

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 29.07.2021 in connection with Crime No. 187/2021 registered in Police Station- Newai, District Durg (C.G.), for the offence punishable under Sections 294, 506, 509 (B) of IPC.

2. Allegation against the present applicant is that he used to make a call to the prosecutrix and used to pressurize her to make physical relation with him. It is also alleged that when the prosecutrix did not pick up the phone of the applicant, then he sent obscene message in her mobile phone.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding, he is in jail since 29.07.2021 and due to Covid-19 pandemic, trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

4. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicant has no criminal antecedents.

5. Having heard learned counsel for the parties, having regard to the facts and

M.Cr.C. No. 6127 of 2021 circumstances of the case, considering the nature of allegation made against the applicant, the detention period of the applicant who is 32 years old, the fact that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels and due to Covid-19 pandemic, conclusion of trial may take some time, without commenting anything on merits of the case, the bail application is allowed.

6. It is directed that in the event of applicant executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- i.

he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court. ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii. he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. iv. he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. v. he shall not involve himself in any offence of similar nature in future.

7. Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar nature of offence.

Sd/- (Gautam Chourdiya) Judge vatti