Zishan Ali v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 161 of 2019 • Zishan Ali S/o Farman Ali Aged About 22 Years R/o Yadunandan Nagar, Tifra Beside The Big Masjid Police Station Sirgitti District Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Sirgitti District Bilaspur Chhattisgarh.

---- Respondent _________________________________________________________________ For Applicant : Shri Prakash Tiwari, Advocate.

For Respondent/State : Shri Alok Nigam, Government Advocate.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 25/01/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 336/2018, registered at Police Station Sirgitti, District Bilaspur (C.G.) for the offence punishable under Section 354, 294, 506 & 323 of the IPC and Section.

2. In this case prosecutrix is a married lady aged about 19 years. As per prosecution story, prosecutrix running a shop, on 31.08.2018 at about 8:30 PM when prosecutrix was with her sister-in-law, allegedly present applicant came to her with bad intentions, assaulted her and also tried to outrage her modesty. On the basis of said, offence has been registered. The applicant is in custody since 01.09.2018.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case, he further submits that the applicant has no criminal antecedents, he is in custody since 01-09-2018 and trial will likely to

take some time, therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the fact and circumstances of the case, evidence collected by the prosecution and further considering the fact that the applicant has no criminal antecedents, he is in custody since 01-092018 and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant 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. 20,000/- with one local solvent surety for the like amount to the satisfaction of the trial court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Shubham Judge