Pikeshwar Lal Chaturvedi @ Tony v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 287 of 2019 Pikeshwar Lal Chaturvedi @ Tony, aged about 21 years, S/o Late Rajjulal, R/o village Binouri, P.S. Pallari, District Baloda Bazar Bhatapara (CG). ---- Applicant

Versus

State of Chhattisgarh, through S.H.O. Police Station Pallari, District Baloda Bazar Bhatapara (CG).

---- Non-applicant For Applicant : Mr. Hemant Gupta, Advocate.

For Non-applicant : Ms. Sangeeta Mishra, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 31.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with crime No.419/2018 registered at Police Station Pallari, Revenue and Civil Baloda Bazar Bhatapara for the offence punishable under Sections 376, 506, 323/34 of Indian Penal Code. 3.

Case of the prosecution, in brief is that on 01.01.2015 the prosecutrix was aged about 19 years old. She is a resident of village Binouri. On 01.01.2015 onwards, the applicant committed repeatedly sexual intercourse with her after giving threat that he will expose her obscene photographs in the public. Thereafter, on 25.05.2018, he took her forcibly after giving threat to kill her and committed sexual intercourse with her and performed the marriage with her.

4.

Counsel for the applicant submits that the applicant has not committed any offence. He is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

5.

On the other hand, counsel for the State opposes the prayer for grant of bail to the applicant. He further submits that no criminal antecedent is reported against the applicant in police case diary.

6.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence; and the trial is likely to take some more time for its final disposal, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicant. Accordingly, the bail application is allowed. 7.

It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that he shall appear before the Trial Court at 11:00 am as and when directed till trial and he would co-operate during the trial, he shall be released on bail. 8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-