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High Court Of ChhattisgarhMCRC/7877/2019allowed

Triveni Prasad Prajapati v. State Of Chhattisgarh

2020-01-22Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7877 of 2019 • Triveni Prasad Prajapati S/o Late Ramgopal Prajapati Aged About 38 Years R/o Bandhvatola, Police Station And Tahsil Kotma, District Anuppur, Madhya Pradesh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kelhari, District Koria, Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Samir Singh, Advocate.

For Respondent/State :

Mr. Anil Tripathi, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 22.01.2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 64/2019 registered at Police Station - Kelhari, District Korea (C.G.) for the offence punishable under Section 376 of IPC.

2. The allegation against the present applicant is that, he has committed sexual intercourse with the prosecutrix against her will. Based on that, after investigation, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He next submits that applicant is jail since 01.10.2019, and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this

court, 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 that the applicant is in jail since 01.10.2019 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 surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu