Shiv Prasad Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7287 of 2018 • Shiv Prasad Singh S/o Ramlallu Singh, aged about 29 Years R/o Village Punji, Police Station Janakpur, District Korea, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police of Police Station Janakpur, District Korea, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant :

Shri Anil Gulati, Advocate.

For Respondent/State :

Shri UKS Chandel, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 19/11/2018

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 88/2018, registered at Police Station - Janakpur, District- Korea, (C.G.), for the offence punishable under Sections 456, 354, 354-A, 354-B of the Indian Penal Code.

2. As per the prosecution story, on 30.08.2018, prosecutrix, who is a married lady, aged about 20 years, lodged a report to the effect that on 29.08.2018, allegedly at midnight, when she was sleeping in the house and her husband had gone towards the Basti, present Applicant entered in the house of prosecutrix and tried to outrage her modesty. On the basis of the said report, offence has been registered against the present Applicant. He has been taken into custody on 30.08.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that chage-sheet has already been filed. The Applicant is in custody since 30.08.2018, and trial will take time. Therefore, he

may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 30.08.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail 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. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash