High Court Of ChhattisgarhMCRC/485/2020allowed

Indramanjeet Bhargav v. State Of Chhattisgarh

2020-03-05Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 485 of 2020 • Indramanjeet Bhargav S/o Santosh Bhargav Aged About 20 Years Resident Of Tikari, Police Station Masturi, District Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station- Masturi, District Bilsaspur Chhattisgarh. ---- Respondent For Applicant.

Mr. Mirza Keshar Beg, Advocate.

For Respondent/State :

Mr. Vaibhav K. Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 05.03.2020

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. 512/2019 registered at Police Station - Masturi, District Bilaspur (C.G.) for the offence punishable under Section 376 of IPC and Sections 4 & 5 of POCSO Act.

2. The allegation against the applicant, as per the prosecution case, is that, he committed forcefully sexual intercourse with the prosecutrix while she was going for answering the nature call Based on that, after investigation, offence has been registered 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 further submits that the prosecutrix is above 16 years of age and applicant is in jail since 10.12.2019 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, 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.

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