Narottam Kurrey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7158 of 2019 • Narottam Kurrey, S/o Itwaru Kurrey, Aged About 27 Years, Caste Satnami, R/o Ahiwara, Ward No. 3, Police Station - Nandani Nagar, District - Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through: The Station House Officer, Police Station- Nandini Nagar, Civil and Revenue, District - Durg, Chhattisgarh.

---- Respondent For Applicant : Mr. Mirza Hafeez Baig, Adv.

For Respondent/State : Mr. Anil Tripathi, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 10.01.2020

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. 240/2019 registered at Police Station - Nandini Nagar Civil and Revenue District - Durg (C.G.) for the offence punishable under Sections 451, 354, 294, 506, 34 of I.P.C. and Sections 7, 8 of POCSO Act, 2012.

2. The prosecution story, in brief is that, on 04.08.2019 at about 7.00 pm the complainant was cleaning household articles, after that when she entered into the room, she saw that Shekhar Kurrey was standing at the door and applicant was trying to molest her child, then the complainant had beaten the applicant, so, the applicant abused and threatened her. Thereafter, 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 charge-sheet has already been filed. The

applicant is in jail since 06.08.2019, 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 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, and further considering the facts that the applicant is in jail since 06.08.2019 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 Ruchi