High Court Of ChhattisgarhMCRC/6727/2019allowed

Lalitdas Manikpuri v. State Of Chhattisgarh

2019-12-09Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6727 of 2019 • Lalitdas Manikpuri S/o Firtudas Aged About 22 Years R/o Jagriti Nagar Beergaon Raipur, Police Station Urla, Raipur, District Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Gurur, District Balod, Chhattisgarh.

---- Respondent For Applicant : Shri C.R.Sahu, Advocate For Respondent /State : Shri V.K.Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 09/12/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.219/2019 registered at police station Gurur, District Balod (CG) for the offence punishable under Sections 363,366, 376, IPC and Sections 4 of the Protection of Children from Sexual Offences Act.

Case of the prosecution in brief is that a missing report was lodged by the father of the prosecutrix alleging that his daughter is missing from school and during investigation, she was recovered from the custody of the applicant.

Counsel for the applicant submits that the applicant has been

falsely implicated and that the prosecutrix was aged more than 17 years. He further submits that the prosecutrix was having love affair has gone along with the applicant of her own. He submits that the applicant is in jail since 01.09.2019 and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna