Resham Lal Ratre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7034 of 2019 • Resham Lal Ratre S/o Shri Mahettar Lal Ratre Aged About 37 Years R/o Village- Madhaibhata, P.S. Sarshiwa, Tah- Bilaigarh, District- Baloda Bazar, Civil And Revenue District Baloda Bazar, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- Kotra Road, Raigarh, District Raigarh, Chhattisgarh ---- Respondent For Applicant : Shri Manoj Kumar Sinha, Advocate For Respondent/State : Shri V.K.Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 20/12/2019 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.69/2019 registered at police stationKotra Road, Raigarh (CG) for the offence punishable under Sections 363,366,368,34 IPC.

Case of the prosecution in brief is that report was lodged by mother of the prosecutrix that her daughter has been kidnapped by some unknown persons. It is further alleged that on suspicion the applicant has been arrested.

Counsel for the applicant submits that the applicant has been

falsely implicated in the case. He further submits that the co-accused with whom the prosecutrix had left the house stayed for one night in the house of the applicant. He also submits that the prosecutrix is more than 17 years of age and the main allegation is against the coaccused. He submits that the applicant is in jail since 06.10.2019 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