Vikas Singh & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6071 of 2019

1. Vikas Singh S/o Jagdeo Singh Aged About 19 Years R/o Village Turna, Police Station- Darima, District- Surguja, Chhattisgarh.

2. Santosh Singh S/o Aditya Singh Aged About 23 Years R/o Village Turna, Police Station Darima, District- Surguja, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police StationDarima, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondent For Applicants :

Mr. R.V. Rajwade, Advocate.

For Respondent :

Ms. Reena Singh, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13/12/2019 • Pursuance to order dated 21.11.2019 of this Court, complainant Mulli Bai Mahto is present today before this court. On being asked, she has made no objection regarding grant of bail to the applicant.

• Her presence be marked.

• The accused/applicants have moved these first bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 53/2019 registered at Police Station - Darima, District Surguja (C.G.) for the offence punishable under Sections 366, 323, 506, 376(2)(N), 114 of IPC and Section 3(1)(n)(/k), 3(2-v) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act. • The prosecution story in brief is that, main accused Ritesh

Rajwade (juvenile) has committed sexual intercourse with the prosecutrix against her will and detained her in a house. The allegation against the present applicants is that they have taken the prosecutrix towards jungle side and left her with the accused Ritesh Rajwade. On the basis of that, offence has been registered against the applicants and they have been arrested.

• Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that they are not main accused and they are ready to furnish adequate surety and shall abide by all the directions and conditions, which may be imposed by this Hon'ble Court, therefore, the applicants 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. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants and further considering the fact that main accused is Ritesh Rajwade, 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 applicants on bail. Accordingly, the application is allowed.

• Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu