Jagesh Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8176 of 2020

1. Jagesh Chandrakar S/o Ghanaram Chandrakar Aged About 28 Years R/o Village Baiji, Police Station Pipariya, Tehsil Kawardha, District Kabirdham, Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station Pipariya, District Kabirdham, Chhattisgarh. ---- Respondent For Applicant Mr. Sandeep Shrivastava, Advocate & Mr.

Rakesh Kumar Manikpuri, Advocate For Respondent /State Mr. Ghanshyam Patel, Govt. Advocate Hon'ble Mr. Justice Prashant Kumar Mishra Order on Board 10/2/2021 1.

Heard.

2.

The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.329/2020, registered at Police Station Pipariya, District Kabirdham (CG), for the offence under Sections 376, 450 & 506 of the Indian Penal Code.

3.

Albeit the prosecutrix, a married lady, aged about 28 years, has lodged report on 18-10-2020 alleging commission of rape

by the applicant on 14-10-2020, however, in her subsequent statement recorded under Section 164 Cr.P.C. she has denied the incident.

4.

Learned counsel for the State, per contra, would oppose the bail application.

5.

Having considered the facts situation of the case and for the fact that the charge sheet has already been filed and also the fact the applicant is in jail since 23-10-2020, I am of the opinion that present is a fit case to release the applicant on regular bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing 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.

7. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri