Harish Kumar Banjare vs State Of Chhattisgarh
2023 Latest Caselaw 206 Chatt

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                                                                             NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                         MCRC No. 9592 of 2022
    Harish Kumar Banjare S/o Late Ashok Banjare Aged About 21 Years R/o
     Satnami, Para, Somni, P.S. - Somni, Tah. And District - Rajnandgaon,
     Chhattisgarh

                                                                   ---- Applicant

                                   Versus

    State Of Chhattisgarh Through P.S - Somni, Distt. Rajnandgaon,
     Chhattisgarh

                                                              ---- Non-Applicant

      For the Applicant              :       Mr. S. B. Tiwari, Advocate
      For Non-Applicant              :       Ms. Meena Shastri, Addl. A.G.

                 Hon'ble Shri Justice Sachin Singh Rajput
                              Order On Board
11.01.2023
    1.

The applicant has preferred the first bail application under Section 439

of CrPC for grant of regular bail as he is in jail since 27.08.2022 in connection with Crime No.217/2022 registered at Police Station- Somni District- Rajnandgaon (C.G.) for the offence punishable under Sections 451, 354, 354 (A), 457, 324 of IPC.

2. The case of prosecution in brief, is that the complainant lodged a

report stating that the applicant entered in her house when she was alone, threatened her and also tried to outrage her modesty. Therefore, FIR has been lodged.

3. Learned counsel for the applicant submits that the applicant has not

committed any offence and has been falsely implicated in this case. He further submits that earlier also the victim has leveled allegation against present applicant in which he was acquitted by trial Court, copy of the judgment is also appended with the bail application. He submits that the applicant is in jail since 27.08.2022, charge-sheet has been filed, investigation is completed and trial is likely to take time, therefore, looking to the all facts and circumstances, the application may be allowed.

4. On the other hand, learned counsel for the State opposes the bail

application and submits that looking to the nature of allegations, he is

not entitled for bail.

5. I have heard learned counsel for the parties and considered their rival

submissions.

6. Considering the totality of the facts and circumstances of the case,

looking to the nature of allegations, the material collected by the prosecution, detention period, trial may take some time and charge- sheet has been filed, without commenting anything on merits of the case, I am inclined to allow this bail application.

7. Accordingly, the bail application filed by applicant is allowed and it is

directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

8. It is made clear that the observations made hereinabove is only for the

purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is made clear that the applicant shall not meet with any of the prosecution witnesses till trial is concluded. It is also made clear that the trial Court is at liberty to cancel the bail application of the applicant in the event of applicant involving himself in similar offence in future and violate if any of the conditions.

9. Certified copy as per rules.

                                 Sd/-                             Sd/-

                                                         (Sachin Singh Rajput)
                                                                 Judge
parul