Chandra Narayan Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5991 of 2016 Chandra Narayan Sahu S/o Shri Derhuram Sahu Aged About 18 Years R/o Teka Police Station Rajim District - Gariyaband Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station - Rajim, District - Gariyaband Chhattisgarh ---- Respondent For applicant - Shri Bhupendra Singh, Advocate. For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 24/10/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.178/2016 registered in Police Station Rajim, Distt. Gariyaband (C.G.) for offence punishable under sections 454, 376, 511 of IPC.

2.

As per the prosecution case, on 28/07/2016 while the prosecutrix was sleeping in her house after taking meals, at that time the applicant came inside the room and thereafter became naked and tried to sleep over the prosecutrix and tried to commit rape and when the prosecutrix raised alarm the applicant fled away.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case, prosecutrix was a consenting party and it was seen by the inmates of the house, therefore report has been made, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the prosecutrix under section 161 of Cr.P.C. The incident alleged to have been in the broad day light. Taking

into statement, without further observations on the merits, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri