Laxmi Charan Sahu @ Anil v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5742 of 2019 • Laxmi Charan Sahu @ Anil S/o Late Jaganlal Aged About 38 Years R/o Village Sarwani, Police Station Kharsiya, District Raigarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kharsiya, District Raigarh, Chhattisgarh.

---- Respondent For Applicant :

Mr. Kashif Shakeel, Advocate.

For Respondent :

Mr. B.L. Sahu, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 290/2019 registered at Police Station - Kharsiya, District Raigarh (C.G.) for the offence punishable under Section 376 of the IPC, 67(b) of I.T. Act, Sections 3(1)(c)(1), 2(2)(v) of SC/ST (Prevention of Atrocities) Act. • The prosecution story in brief is that, the prosecutrix has lodged an FIR against the present applicant alleging therein that the applicant had outraged her modesty on the pretext of giving her job and made her video and photographs viral with the help of his associate Yashwanti Sarthi. Thereafter, on the basis of above facts, offence has been registered against the applicant and the applicant was arrested 02.07.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case.

Charge-sheet has been filed. He further submits that the age of the prosecutrix is about 20 years and she was also a consenting party. The applicant is jail since 02.07.2019, there is no previous antecedent against him, therefore, the present appellant may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

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

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, age of the prosecutrix and further considering the that fact that the prosecutrix is a consenting party, 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.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu