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Judgment
13 paragraphs · 253 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. 282/2020 registered at police station Sakri, District Bilaspur (CG) for the offence punishable under Sections 376 and 506 IPC.
As per prosecution case, report was lodged by the prosecutrix alleging that the applicant took her to a rented house and has 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 prosecutrix is major and a
consenting party. He also submits that there was delay in lodging the report and there is no explanation to the said delay. Lastly, he submits that the
applicant is in jail since 12.03.2021 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.
