Dinesh Nirmalkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 781 of 2020 • Dinesh Nirmalkar S/o Shri Rajendra Nirmalkar Aged About 22 Years R/o Village Patrra, Police Station Gandai, District Rajnandgaon, Chhattisgarh Presntly Residing At Village Panjhun, P.S. Varora, District Chandrapur, Maharashtra, District : Chandrapur, Maharashtra ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent For Applicant :

Shri Jitendra Shukla, Advocate For Respondent /State :

Shri Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17/03/2020

1. Heard.

2. This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.178/2019, registered at Police Station Saraswati Nagar, Raipur, District Raipur(CG) for the offence punishable under Sections 363, 366, 376 of the IPC and Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

3. As per the case of prosecution, the complainant lodged a report that the applicant has abducted his daughter and taken away her

on the false pretext of marriage. On investigation, the prosecutrix was recovered from the possession of the applicant.

4. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The prosecutrix is aged above 17 years and she was a consenting party and she herself had gone with the applicant. He submits that charge sheet has been filed and the applicant is in jail since 9.11.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail.

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

6. Perused the entire material available on record.

7. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant; charge sheet has been filed and the prosecutrix is aged above 17 years, I am of the opinion that present is a fit case to release the applicant on bail.

8. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

9. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10. Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita