Samal Singh Baiga @ Bhagela v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6610 of 2019 Samal Singh Baiga @ Bhagela S/o Itwari Ram Baiga Aged About 45 Years R/o Village Singbora, Police Station Salhewara, Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Of Police Station Salhewara, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ------ Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Abhishek Sharma, Advocate For Respondent/State : Shri B.L. Sahu, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 03.12.2019 1.
Heard.
2.
This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.47/2019, registered at Police Station Salhewara, District Rajnandgaon(CG) for the offence punishable under Sections 294, 354, 506B of the IPC. 3.
As per the case of prosecution, complainant Uma Bai Merawi lodged a report that when she was alone in the house, the present applicant came and caught hold of her hand and tried to outrage her modesty and threatened to kill. 4.
Learned counsel for the applicant submits that the applicant has not committed any offence. The prosecutrix is a major lady and she has lodged report on previous enmity. He further submits that the applicant is in jail since 17.8.2019 and trial
may take some time for its final disposal therefore, the applicant may be released on bail.
5.
On the other hand, learned counsel for the State opposes the bail application.
6.
Perused the entire material available on record. 7.
Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the applicant is in jail since 17.8.2019, I am of the opinion that present is a fit case to release the applicant on bail. 8.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.
9.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.
10.
Certified copy as per rules.
Sd/- (Rajani Dubey) JUDGE sunita