Mukesh Armo v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6033 of 2019 • Mukesh Armo S/o Chitrapal Armo Aged About 29 Years, R/o Village Putwa (Bankhota) Police Station Katgora, District Korba, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Sarkanda, District Bilaspur, Chhattisgarh.

---- Respondent For Applicant : Mr. Amit Kumar, Adv.

For Respondent/State : Mr. Akhtar Hussain, PL.

For Objector : Mr. Shashi Ku. Kuchhwaha, Adv.

Hon'ble Smt. Justice Rajani Dubey Order on Board 15.11.2019

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. 569/2019 registered at Police Station Sarkanda, District-Bilaspur (C.G.) for the offence punishable under Sections 376, 417, and 506 of the IPC.

2. The prosecution story, in brief is that, the complainant/prosecutrix lodged a written report that the applicant committed sexual intercourse with her, 3 years continuously, on pretext of marriage, when the applicant denied marrying with her she lodged a written report to the police station. 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 also submits that they have been love affair. The applicant is in jail since 02.07.2019, 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 and objector oppose 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 and further considering the facts that the present applicant is in jail since 02.07.2019 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