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Judgment
20 paragraphs · 366 wordsRajani Dubey, J
The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested
in connection with Crime No.78/2021, registered at Police Station - Rajhara, District Balod (C.G.) for the offence punishable under Sections 186, 354,
294, 506, 323 and 34 IPC.
The prosecution story, in brief, is that on 04.03.2021 at 11.00 am, when complainant who is posted in the Court of Judicial Magistrate 1st Class,
Dallirajhara, was taking water, at the relevant time accused Raju Soni misbehaved with her. When accused Raju Soni was made understand by other
staff, he also misbehaved with them and during all the incident the present applicant assisted him. Based on this, offence has been registered. The
present applicant has taken into custody on 05.03.2021.
Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the case. He also submits that the
present applicant neither deterred the complainant from discharging her duty nor made any criminal force to outrage her modesty. He further submits
that the applicant is in custody since 05.03.2021, charge sheet has been filed and there is no likelihood of his case being decided in near future.
Therefore, he may be released on bail.
On the other hand, learned counsel for the State opposed the bail application.
I have heard learned counsel for the parties and perused the case diary.
Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicant is in custody
since 05.03.2021, charge sheet has been filed, without further commenting on merits of the case, I am inclined to release him on bail.
Accordingly, the bail application is allowed.
It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of 25,000/- with one solvent sureties of the like
amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.
I.A.No.02/2021, application for urgent hearing during summer vacation also stands disposed of.
