High Court Of ChhattisgarhMCRC/8082/2021allowed

Sanjay Sahu v. State Of Chhattisgarh

2021-11-24Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8082 of 2021 • Sanjay Sahu, S/o Khomlal Sahu, Aged About 28 Years, R/o Village Thelkadih, P.S. Thekladih, Tehsil Khairagarh, District-Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Police Station Thelkadih, Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondent For Applicant : Mr. Abhishek Pandey, Advocate.

For State/respondent : Mr. Aman Kesharwani, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 24/11/2021 Heard.

1. This is the second bail application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973. His first application MCRC No.5405 of 2021 vide order dated 17.09.2021 was dismissed.

2. This bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.18/2021 registered at Police-Station-Thekladih, District-Rajnandgaon, Chhattisgarh for the offence punishable under Section 341, 354, 354A of IPC and Section 3(2)V(2) of SC/ST Act.

3. It is submitted by the learned counsel for the applicant, that the applicant was earlier granted bail by this Court vide order dated

17.9.2021 in MCRC No.5405 of 2021. In the later stage, the applicant has been arrested again in the case only for the reason that the offence under Section 3(2)V(2) of SC/ST (Prevention of Atrocities) Act, 1989, have been added, therefore, the applicant has been placed in detention, hence, it is prayed that this applicant may be enlarged on regular bail.

4. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

5. Prosecutrix is virtually present before this Court through the 'Help Desk' of DLSA Rajnandgaon. She has stated that she has no objection in grant of bail to this applicant.

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

7. Considering that this Court had found the applicant fit to be granted bail after considering on the merits, therefore, there is no reason to deny to bail to the applicant in the changed circumstances, therefore, I feel inclined to allow the bail application of this applicant.

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

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha