High Court Of ChhattisgarhMCRC/7845/2020allowed

Ghanshyam @ Dholgu Patel v. State Of Chhattisgarh

2021-01-21Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7845 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7845 of 2020 • Ghanshyam @ Dholgu Patel S/o Shri Mahesh Patel, Aged About 40 Years R/o Ward No. 5, Thakurpara, Khairagarh, Thana/ Tahsil Khairagarh, District Rajnandgaon Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Collector, Rajnandgaon, Police Station Khairagarh, District Rajnandgaon Chhattisgarh ---- Respondent For Applicant Mr. Samir Singh, Advocate For Respondent /State Mr. Alok Nigam, Government Advocate SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 21/1/2021

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.339/ 2020 registered at Police Station Khairagarh, District Rajnandgaon (CG) for the offence punishable under Sections 456, 354, 323 of the IPC.

3. The applicant has allegedly outraged the modesty of the prosecutrix, a housewife aged about 22 years.

MCRC No. 7845 of 2020

4. It is argued by learned counsel for the applicant that on the applicant's report, a crime has been registered against the husband and father-in-law of the prosecutrix for the offence under Sections 294, 323 & 506/34 of the IPC, therefore, as a counter-blast, the present FIR has been registered.

5. Learned counsel for the State opposes the bail application.

6. Considering the entire facts situation of the case particularly for the fact that the applicant is in jail since 4.10.2020; the offences are triable by the Judicial Magistrate First Class and; the charge sheet has already been filed, this Court is inclined to release the applicant on regular bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

8. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna