High Court Of ChhattisgarhMCRC/19/2020allowed

Durgesh Korram v. The State Of Chhattisgarh

2020-02-06Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 19 of 2020 • Durgesh Korram S/o Radhelal Korram Aged About 22 Years R/o Village Badepara Dabena, Tahsil Narharpur, District Kanker, Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh Through Station House Officer Police Station Narharpur, District Kanker, Chhattisgarh. ---- Respondent For Applicant : Shri Rajkumar Pali, Advocate For Respondent/State : Shei Akhtar Hussain, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 06/02/2020 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.93/2019 registered at police station Narharpur, District Kanker (CG) for the offence punishable under Sections 363,366 and 376 (2)(n) IPC and Section 4 and 6 of the Protection of Children from Sexual offences Act. As per prosecution case, a report was lodged by the father of the prosecutrix alleging that her daughter is missing and on search being made by the police, she was recovered from the custody of the applicant.

Counsel for the applicant submits that the applicant has been

falsely implicated in the case. He further submits that prosecutrix is aged about 16 years and 7 months. He submits that the applicant is in jail since 03.10.2019 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 as well as father of the prosecutrix, present in the court 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.

Sd/- (Rajani Dubey) Judge suguna