High Court Of ChhattisgarhMCRC/281/2020allowed

Pradumna Puri Goswami @ Praduman Puri v. State Of Chhattisgarh

2020-02-25Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 281 of 2020 • Pradumna Puri Goswami @ Praduman Puri S/o Jagmohan Aged About 21 Years Resident Of Village Sakra Police Station Amleshwar, District Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Office, Police Station Amleshwar, District Durg, Chhattisgarh.

---- Respondent For Applicant.

Mr. B.P. Singh, Advocate.

For Respondent/State :

Ms. Reena Singh, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 25.02.2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 33/2019 registered at Police Station - Amleshwar, District Durg (C.G.) for the offence punishable under Sections 363, 366 & 376 of IPC and Section 4 of POCSO Act.

2. As per the prosecution case, the allegation against the present applicant is that he abducted the prosecutrix and established illegal sexual relationship with the prosecutrix. Based on that, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He next submits that prosecutrix is above 17 years of age, there was love affair between the party and she herself went to the

applicant. Prosecutrix herself has not supported the prosecution case and filed no objection afÏdavit before the trial Court. As applicant is in jail since 23.11.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

4. Per contra, State counsel opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, age of the prosecutrix and further considering that the applicant is in jail since 23.11.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu