Lalesh @ Lala Barle v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 711 of 2020 • Lalesh @ Lala Barle S/o Veersingh Barle, Aged About 23 Years Caste Satnami, R/o Village Shankar Nagar, Dundera, Police Station Utai, Tahsil And District Durg Chhattisgarh. ---- Petitioner

Versus

• The State Of Chhattisgarh Through Police Station Pulgaon, District Durg Chhattisgarh.

---- Respondent For Applicant :

Shri A.K. Prasad, Advocate For Respondent :

Shri V.K. Agrawal, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board 16/03/2020 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.159/2019 registered at Police Station - Pulgaon, District Durg (C.G.) for the offence punishable under Sections 363, 366, 376 IPC and Sections 5 (l) & 6 of POCSO Act. 2.

The prosecution story, in brief, is that on 25.03.2019, the applicant, after alluring the prosecutrix who is minor, abducted and took her along with him to various places in search of his wife Mamta who was absconding and, thereafter, he committed sexual intercourse with her. Based on this, offence has been registered. The present applicant has been taken into custody on 27.03.2019.

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 family member of the wife of applicant were annoyed due to intercaste marriage and because of this the present applicant has been roped in the

case. He also submits that the age of the prosecutrix is more than 17 years and she accompanied the applicant of her own. He also submits that the applicant is in custody since 27.03.2019, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

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

6.

Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicant is in custody since 27.03.2019, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed, till final disposal of the trial. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde