Trilok Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 430 of 2020 • Trilok Verma S/o Rajendra Verma Aged About 21 Years Caste Lodhi, R/o Village Muteda Nawagaon, P. S. And Tehsil Khairagarh, District Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Khairagarh, District Rajnandgaon, Chhattisgarh.

---- Respondent For Applicant :

Mr. Abhishek Pandey, Adv.

For Respondent/State :

Mr. Vaibhav K. Agrawal, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 03/03/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 03/2020 registered at Police Station - Khairagarh, District - Rajnandgaon (C.G.) for the offence punishable under Sections 365 and 506 of the IPC.

2. The prosecution story, in brief is that, the complainant lodged a report that on 02.01.2020 his sister was going to Rashi Devi College along with her friends at that time the present applicant threatened the prosecutrix to cancel the marriage and abducted the prosecutrix on his motorcycle and kept her at Avanti Bai College, Chhuikhadan and on the basis of information the prosecutrix was recovered from the possession of the applicant. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in

question. He further submits that there is no allegation of rape against the applicant and the age of the prosecutrix is above 18 years. He next submits that the applicant is in jail since 02.01.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State 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, detention period of applicant and further considering the facts that there is no offence of rape against the present applicant and the age of the prosecutrix is above 18 years. The applicant is in jail since 02.01.2020 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 local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu