The High Court granted regular bail to the applicant, who was in custody since August 2019, in a case of sexual harassment under Section 354 IPC, directing bail on furnishing a personal bond of Rs. 25,000 with one surety of the like sum.
Regular bail granted on furnishing a personal bond of Rs. 25,000 with one surety for the like sum.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5580 of 2019
---- Applicant
Versus
---- Respondent
For Applicant : Shri Raj Kumar Pali, Advocate For Respondent/State : Shri R.S.Baghel, Dy.AG
Hon'ble Smt. Justice Rajani dubey
Order On Board
21/11/2019
The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.140/2019 registered at police station Bhanupratappur, District Uttar Bastar, Kanker (CG) for the offence punishable under Section 354 IPC.
Case of the prosecution in brief is that a report was lodged by the complainant that when his daughter was going to her work in a bicycle, applicant snatched her mobile and threw her on the ground and also tried to sexually assault her.
Counsel for the applicant submits that the applicant has been falsely implicated in the crime. He submits that the applicant is in jail
since 03.08.19; the charge sheet has been filed; offence is triable by Judicial Magistrate First Class and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion and therefore he may be released on bail.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant’s furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
Sd/(Rajani Dubey) Judge
suguna
2 issues framed by the court
Whether an applicant detained since August 2019 for an offence triable by a Judicial Magistrate should be released on regular bail considering the length of detention.
Whether the applicant is justified on the ground of false implication in an offence under Section 354 IPC.
1 provisions across 1 enactments
Akshay Kumar Nishad
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
