Neeraj Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 335 of 2019 • Neeraj Sahu S/o Shri Toran Sahu Aged About 21 Years R/o Village Dhaur ,police Station Jamul Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ----Applicant

Versus

• State Of Chhattisgarh Through District Magistrate Durg ,police Station Jamul District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Non-applicant For Applicant : Mr. Vipin Tiwari, Advocate For Non-applicant : Mr. SRJ Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 04.02.2019 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 learned counsel for the State in connection with crime No. 128/2018 registered at Police Station -Jamul District Durg (C.G.) for the offence punishable under Section 363, 366, 376 of the Indian Penal Code and Section 4, 6 of POCSO Act.

3. Case of the prosecution, in brief is that on 12/03/2018 prosecutrix was more than 17 years of age. She is resident of village Bhathapara, Dhaur. On 12/03/2018 applicant took her enticing on pretext of the marriage. Thereafter, on 14/03/2018 they performed marriage at Hyderabad. He had committed repeatedly sexual intercourse with her.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant.

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, 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 will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE parul