Deenu Muchaki v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6224 of 2018 Deenu Muchaki, S/o Vijay Muchaki, Aged About 18 Years, R/o- Patelpara, Nakulnar, Police Station Kuaakonda, District- Dantewada, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh, Through- Police Station- Kuaakonda, District- Dantewada, Chhattisgarh.

---- Respondent For Applicant : Shri Shrawan Agrawal, Advocate.

For Respondent/State : Shri Vaibhav A. Goverdhan, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 26/09/2018

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. 20/2018, registered at Police Station - Kuaakonda, District - Dantewada (C.G.) for the offences punishable under Sections 354, 354(A) and 34 of the IPC.

2. As per the prosecution story, on 09.06.2018 at about 07.00 to 08.00 p.m. the prosecutrix went to the hand pump situated in front of her house. Allegedly, present applicant along with the co-accused Sonu came there and caught hold of her hands and said that they would do wrong act with her and they were taking her to forest. When prosecutrix started crying, the villagers intervened and protected her. On the basis of that a report was lodged by the mother of the prosecutrix and the applicant was arrested on 10.06.2018.

3. Shri Shrawan Agrawal, learned counsel appearing on behalf of the Applicant submits that applicant is innocent and he has been falsely implicated in the present case. He further submits that the present applicant is in custody since 10.06.2018, charge sheet has been filed

and trial will likely to take some more time, therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and the facts that he is in custody since 10.06.2018, charge sheet has been filed, therefore, trial will 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. 10,000/- with one 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 yasmin