High Court Of ChhattisgarhMCRC/7613/2019allowed

Sukhram v. State Of Chhattisgarh

2020-01-16Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7613 of 2019 • Sukhram S/o Ankalha Nishad Aged About 20 Years R/o Village Padmawatipur, Police Station And Tahsil Chhuikhadan, District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Chhuikhadan, District Rajnandgaon Chhattisgarh. ---- Respondent For Applicant.

Mr. Abhishek Sharma, Advocate.

For Respondent/State :

Ms. Akshara Amit, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 16.01.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 257/2019 registered at Police Station : Chhuikhadan, District Rajnandgaon (C.G.) for the offence punishable under Sections 354, 354(A)(1)(ii) of IPC.

2. As per the prosecution case, complainant lodged a written report before the concern Police Station alleging that on 08.10.2019 when she went for nature call, applicant came there and demanded for sexual favour, thereafter the prosecutrix ran away from the spot and narrated the whole story to her family members. After investigation, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that at the time of incident applicant was talking on mobile near the river and the prosecutrix wrongly heard about the demand of sexual favour. As applicant is in jail since 10.10.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, he may be released on bail.

4. On the other hand, State counsel opposes the bail application.

5. I have heard learned counsel for the parties and perused the record.

6. Considering the facts and circumstances of the case, the detention period of the applicant and further considering that, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu