Gorelal @ Krishna Kumar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6718 of 2018 Gorelal @ Krishna Kumar, S/o Shri Hetram Dhruv, Aged About 38 Years, R/o- Ward No. 1, Belha, Police Station Bilha, District : Bilaspur, Chhattisgarh ---- Applicant
Versus
State of Chhattisgarh, Through- Station House Officer, Police Station- Bilha, District- Bilaspur, Chhattisgarh ---- Respondent For Applicant.
:
Shri A.D. Kuldeep, Advocate.
For Respondent. :
Shri Ashutosh Pandey, PL for State Hon'ble Smt. Justice Rajani Dubey Order on Board /10/2018 1.
The applicant has filed this First bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.244/2018 registered at Police Station : Bilha, District - Bilaspur, (C.G.) for the offence punishable under Sections 456 (wrongly mentioned as 454), 354 and 323 of the IPC.
2. As per the prosecution case, a written report was lodged in the Police Station by the prosecutrix alleging in it that on 12.08.2018 at about 7.00 p.m. when she was all alone in her house, the applicant entered her house in drunken condition and asked about where abouts her husband and thereafter, caught hold of her hands, torn her clothes (Nighty) and tried to outraged her modesty. On being hue and cry, the jethani of
the prosecutrix reached there and on seeing her the applicant fled away. Based on this, a case was registered against the applicant and he has been arrested on 13.08.2018. 3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submitted that the applicant is in custody since 13.08.2018, charge-sheet has not been filed yet, the, trial will take some more time, therefore, he may be released on bail. 4.
On the other hand, State counsel opposes the bail application.
5.
I have heard learned counsel for the parties and perused the record.
6.
Considering the totality of the facts and circumstances of the case and the fact that the applicant is in custody since 13.08.2018, the trial will take some more time and the fact that the case is triable by Judicial Magistrate First Class, , this Court is of the opinion that it is a fit case to release the applicant on bail.
7.
Accordingly, the 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. 25,000/- with one surety for the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when directed.
Sd/- (Rajani Dubey) Judge yasmin