High Court Of ChhattisgarhMCRC/456/2020allowed

Nikhil Kosre v. State Of Chhattisgarh

2020-03-03Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 456 of 2020 • Nikhil Kosre S/o Late Tumanlal Kosre Aged About 21 Years R/o Awaspara Somani Ward No. 18, Police Station - Somani, District - Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police StationSomani, Civil And Revenue District-Rajnandgaon Chhattisgarh. ---- Respondent For Applicant.

Mr. Rahul Tamaskar, Advocate.

For Respondent/State :

Mr. Vinod Kumar Tekam, 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 the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 216/2019 registered at Police Station - Somani, District Rajnandgaon (C.G.) for the offence punishable under Sections 363, 366 & 376 of IPC and Section 6 of POCSO Act.

2. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that prosecutrix is above 17 years of age and there has been love affair between the applicant and prosecutrix for the last four years and it has been admitted by the prosecutrix herself in her 164 Cr.P.C. statement. Applicant is in jail since 18.11.2019 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.

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

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

5. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant, age of the prosecutrix, as 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.

6. 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