This order grants regular bail to the applicant under Section 439 CrPC. The High Court considered the nature of allegations, detention period, and prosecution conduct, allowing bail with a personal bond and surety.
Release on regular bail upon personal bond in sum of Rs. 25,000/-.with one surety for the like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3650 of 2020
---- Applicant
Versus
---- Respondent
For Applicant : Shri Sushil Dubey, Advocate For Respondent /State : Ms. Sunita Jain, GA
Hon'ble Smt. Justice Rajani Dubey
Order On Board
03/09/2020
Heard on admission.
Admit.
The applicant has filed this second 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. 36/2019 registered at police station Ganj, Raipur, (CG) for the offence punishable under Sections 364(A),368,394,376(D) and 120-B IPC.
Earlier bail application was dismissed as withdrawn by the applicant vide order dated 23.10.2019 in M.Cr.C. No. 4387/2019.
As per prosecution case, report was lodged by the complainant alleging that on the date of incident, when he was working in his shop, his brother informed him that the victim was caught by some unknown persons, snatched her mobile and demanded Rs. 5,00,000/- as
ransom or else she would be killed. It is also alleged that the applicant and co-accused persons committed rape on her.
Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that as per order sheet dated 15.11.2019, charges were framed against the applicant under Sections 364(A),368,394 and 120-B IPC and has beend ischarged from the offence under Section 376(D) IPC. He further submits that the main allegation is against the other co-accused persons. Lastly, he submits that the applicant is in jail since 03.02.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, 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 nature of allegation and 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 to grant regular bail to the applicant already in custody in connection with a serious offence.
Whether the applicant is entitled to release on personal bond with surety.
1 provisions across 1 enactments
Arun Kumar Singh
State Of Chhattisgarh
Justice Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
