Gorelal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8212 of 2019 • Gorelal S/o Samaru Sahu Aged About 40 Years R/o Village Bhatgaon, District Baloda Bazar Bhatapara Permanent R/o Village Khorsi, Up Tahsil Sheorinarayan Tahsil Pamgarh, P.S. Sheorinarayan, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, P.S. Sirgitti, District Bilaspur, Chhattisgarh.

---- Respondent For Applicant.

:

Mr. P.K. Patel, Advocate.

For Respondent/State :

Mr. Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 04.02.2020

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. 322/2019 registered at Police Station - Sirgitti, Civil and Revenue District Bilaspur (C.G.) for the offence punishable under Sections 376(2)(<), 506 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 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 husband of the prosecutrix has obtained amount of Rs. 6,00,000/- from the applicant and when

applicant demanded the said money from her husband, complainant imposed false allegation upon the applicant. Except that there is delay in lodging the FIR. Applicant is having two minor sons and he is in jail since 25.11.2019 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. Per contra, State counsel 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, age of the prosecutrix and further considering that the applicant is in jail since 25.11.2019 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