Liban Ram & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7643 of 2019

1. Liban Ram S/o Moti Ram Aged About 34 Years R/o Bada, Police Chowki Bariyon, Police Station Rajpur, District - Balrampur - Ramanujganj Chhattisgarh.

2. Kapil S/o Lakhan Aged About 26 Years R/o Bada, Police Chowki Bariyon, Police Station Rajpur, District - Balrampur - Ramanujganj Chhattisgarh.

----Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Rajpur, (Police Chowki Bariyon) District Balrampur - Ramanujganj Chhattisgarh.

---- Respondent For Applicants :

Mr. Jitendra Shrivastava, Advocate.

For Respondent :

Mr. Anil Tripathi, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 20.01.2020 • The accused/applicants have moved these first bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 223/2019 registered at Police Station - Rajpur (Police Chowki Bariyon) District BalrampurRamanujganj (C.G.) for the offence punishable under Sections 456, 354, 506, 323, 34 of IPC.

• The prosecution story in nutshell is that, a report has been lodged against the applicants alleging that when the prosecutrix was sleeping in his house, applicants went there and tried to outrage her modesty and when prosecutrix made objection, applicants threatened her for dire consequences and when the family members came at the sport, applicants assaulted them with the help of fist and hand. Based on that after completion of investigation offence has been registered

against the applicants and they have been arrested. • Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. He further submits that the applicants are in jail since 13.10.2019 and they are ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon them by the Court, therefore, the present applicants may also be granted bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants and further considering the fact that 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 applicants on bail. Accordingly, the application is allowed. • Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu