Rizwan Khan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.7149 of 2020 • Rizwan Khan S/o Shamsad Khan Aged About 26 Years R/o Nagoikhaar Darri, Tahsil Katghora, District Korba Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Darri, District Korba Chhattisgarh ---- Non-applicant For Applicant : Ms. Reena Singh, Advocate.

For Non-applicant/State : Mr. Gurudev I. Sharan, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 05-11-2020 Sd/-

1. Heard on the application filed under Section 439 of the Cr.P.C. The applicant has been arrested on 07.09.2020 in connection with Crime No.277/2020, registered at Police Station- Darri, District- Korba, C.G. for offence punishable under Sections 354, 509 B of I.P.C.

2. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the case because of the previous enmity between the parties. The applicant is in jail since 07.09.2020 and the investigation is almost complete. Therefore, it is prayed that he may be granted bail.

3. Learned counsel for the State/non-applicant opposes the application and submits that the allegations have been clearly made against the applicant by the victim of the case, therefore, the applicant is not entitled for grant of bail.

4. Heard learned counsel for the parties and perused the case diary.

5. According to the prosecution case, the victim/complainant has lodged F.I.R. that the applicant used to visit her house and by use of physical force, he outraged her modesty. The applicant has also used to threaten her claiming that he has possession of some photographs of her that

-2were taken on some occasion, which he will make viral. Hence, this case.

6. Considered on the submissions and the facts present in the case and as the investigation in this case is nearly complete and there is no requirement of continued detention of the applicant in jail. Therefore, I feel inclined to allow this application.

7. Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed, on condition as imposed by the concerned Court.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika