M. Santosh Reddy @ Turri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4152 of 2019 • M. Santosh Reddy @ Turri S/o M .Nag Reddy Aged About 28 Years R/o Zone - 03, Sadak -01, Qtr. No. 11-F, Khursipar, Bhilai, District Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Ajak Durg, District Durg, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant :

Ms. Aarti Chand Dutt, Advocate.

For Respondent/State :

Shri Alok Nigam, G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 30/07/2019

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. 165/2019, registered at Police Station - Ajak Durg, District - Durg, (C.G.), for the offence punishable under Sections 354 (Ä), 506, 34 of IPC and Section 3(1) (n), 3(1)(2) of SC/ST (Prevention of Atrocities) Act.

2. As per the prosecution story, age of the prosecutrix at the relevant time was about 21 years. She belongs to scheduled caste. Allegation against the present applicant is that on 11.12.2017 when prosecutrix was going to school, allegedly, applicant followed her on the way and used filthy language and also threatened her. Thereafter, prosecutrix made a written report to the Principal of the School and on the same day, intimation was given by Principal to police. At that time, police had not registered any criminal case against applicant. In compliance of order passed by this Court in WP(CR) No. 171 of 2018, order dated 22.02.2019, FIR has been lodged on 8th April, 2019 and applicant was

arrested on 24.05.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. She further submits that prima facie, no offence can be made out against the present Applicant. Applicant is in custody since 24.05.2019, charge-sheet has been filed and trial is likely to take some time, therefore, he 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 the parties and perused the case diary.

6. Considering the facts and circumstances of the case and further considering the fact that Applicant is in custody since 24.05.2019, charge-sheet has been filed, trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him 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. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash