Tekram Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 234 of 2019 Tekram Nishad, son of Dukhit Ram Nishad, aged about 21 years, R/o Bhilauri, Police Station Berla, District Bemetara (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Berla, District Bemetara (CG).

---- Non-applicant For Applicant : Mr. Bharat Rajput, Advocate.

For Non-applicant : Mr. S.R.J. Jaiswal, Panel Lawyer 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.304/2018 registered at Police Station Berla, District Bemetara for the offence punishable under Sections 363, 366-A, 376 of IPC and Section 5(}), 6 of Protection of Children from Sexual Offences Act. 3.

Case of the prosecution, in brief is that on 24.10.2018 the prosecutrix was aged about 17 years old. On 24.10.2018 the applicant took her by enticing on the pretext of marriage in different places. He committed repeatedly sexual intercourse 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, however, he 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/-