Mahavir v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8522 of 2020 • Mahavir S/o Harsulal Aged About 27 Years R/o Village Rajauli, P.S. Sonhat, District Koriya, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Sonhat, District Koriya, Chhattisgarh.

---- Respondent For Applicant :

Mr. Gyan Prakash Shukla, Adv.

For Respondent/State :

Ms. Ishwari Ghritlahre, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 23/03/2021

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 144/2020 registered at Police Station-Sonhat, District - Koriya (C.G.) for the offence punishable under Section 354 of the IPC.

2. The prosecution story, in brief is that, on 16.10.2020 the complainant took her animals to the pond for drinking water, and at the same time the applicant tried to outrage her modesty by using force and touching her hand and wrist. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the investigation authority has not collected any material evidence against the present applicant and the applicant is in jail since 17.10.2020, there is

no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the applicant did a serious offence; therefore, he may not be released on bail.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that in the applicant is in jail since 17.10.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu