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Judgment
15 paragraphs · 251 wordsRajani Dubey, J
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. 223/2020 registered at police station Patthalgaon, district Jashpur (CG) for the offence punishable under Sections 376,376(A), (B),
363,366 (A) IPC and Section 3 (2-v) of the SC/ST (Prevention of Atrocities) Act.
As per prosecution case, report was lodged by the complainant alleging that the applicant took away the prosecutrix from her lawful guardianship and
developed physical relation with her.
Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that the father of the prosecutrix and
she herself have not supported the prosecution case.
He submits that the applicant is in jail since 20.10.2020 and looking to the conduct of the prosecution it is clear that the trial will take time for its
conclusion.
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.