Gopi Das v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 692 of 2019 • Gopi Das S/o Rakhidas Manikpuri Aged About 21 Years R/o Village Dharashiv, Thana Bilaigarh, District Baloda Bazar-Bhatapara Chhattisgarh, District : BalodabazarBhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Bilaigarh, District Baloda Bazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh ---- Non-applicant For Applicant : Mr. Deepak Jain, Advocate.

For Non-applicant : Mr.Washim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 14.02.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 459/2018registered at Police Station - Bilaigarh, District Baloda BazarBhatapara (C.G.) for the offence punishable under Section 376 of the Indian Penal Code.

3. Case of the prosecution, in brief is that Prosecutrix is about 19 years of age. She is resident of villge Dharasiwa. There was love affair between her and applicant prior to 11⁄2 years, he had committed sexual intercourse with her on pretext of marriage. On 14.11.2018, he took her on pretext of marriage and committed repeatedly sexual intercourse with her on pretext of marriage. She became pregnant. Thereafter, he refused to marry with her.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant.

6. Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore