Arjun Lodhi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9240 of 2021 • Arjun Lodhi S/o Geetaram Lodhi Aged About 40 Years, R/o Village Charbhatha, Police Station And Tahsil Chuikhadan, District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh, Through - Station House OfÏcer, Police Station-Chhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Respondent For Applicant :

Mr. Roop Naik, Adv.

For Respondent/State :

Mr. Ravi Maheshwari, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17/12/2021 Heard.

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 271/2021 registered at Police Station-Chhuikhadan, DistrictRajnandgaon (C.G.) for the offence punishable under Section 354 of IPC.

2. Prosecution case in brief is that, the complainant lodged a report to the police station alleging therein that on 06.11.2021 at about 1:00 pm., during Laxmi immersion when 50-60 people gathered at that time the applicant kissed her and ran away from the spot. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the crime in question. He further submits that prima facie the alleged incident happened during Laxmi immersion and almost about 50-60 persons were gathered and in a such gathering the incident cannot be happened and the applicant was falsely implicated in this case because of previous enmity. He also submits that charge-sheet has been filed and the applicant is in jail since 07.11.2021, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant that he is in jail since 07.11.2021 and 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.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu