Rakesh Kumar Azad v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5962 of 2019 • Rakesh Kumar Azad S/o Narayan Lal Aged About 19 Years R/o Bilaigarh, District Balodabazar Bhatapara Chhattisgarh., ---- Applicant
Versus
• State Of Chhattisgarh Through The Station House In- Charge Police Station Bilaigarh, District Balodabazar Bhatapara Chhattisgarh.
---- Respondent For Applicant : Ms. Supriya Upasne, Advocate For Respondent /State : Shri B.L.Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 14/11/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.163/2019 registered at police station Bilaigarh, District Balodabazar, Bhatapara (CG) for the offence punishable under Sections 363 and 366 IPC.
Case of the prosecution in brief is that father of the prosecutrix has lodged a missing report that his daughter has gone somewhere without any information. It is further alleged that the prosecutrix has gone with the applicant of her own but they were caught by the sister of the prosecutrix from the Bagbahara bus stand, on suspicion. Counsel for the applicant submits that the applicant has been
falsely implicated in the crime. He further submits that the prosecutrix was a consenting party. He submits that the applicant is in jail since 30.05.2019; the charge sheet has already been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
Sd/- (Rajani Dubey) Judge suguna