High Court Of ChhattisgarhMCRC/7052/2019allowed

Mithlesh Dhurandhar v. State Of Chhattisgarh

2019-12-19Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7052 of 2019 • Mithlesh Dhurandhar S/o Kashiram Dhurandhar aged about 37 years, R/o Village Jora, P.S. Palari, District Balodabazar-Bhatapara, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station D.D. Nagar, District Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Raza Ali, Adv.

For Respondent/State :

Ms. Akshra Amit, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 19/12/2019

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. 226/2019 registered at Police Station-D.D. Nagar, Raipur, District-Raipur (C.G.) for the offence punishable under Sections 376 and 420 of the IPC.

2. The prosecution story, is that on pretext of marriage applicant committed sexual intercourse with the prosecutrix and taken sum of Rs. 4,00,000/- to assure that the sum will be doubled after 2 years, thereafter, the applicant did not fulfill his promise. 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 further submits that the age of the prosecutrix is above 48 years, whereas the applicant is 10 years younger to the

prosecutrix. The applicant is in jail since 10.07.2019, 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 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, detention period of applicant and further considering the facts that the age of the prosecutrix is above 48 years and the present applicant is in jail since 10.07.2019 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