Golu Tandi @ Buti v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 727 of 2020 • Golu Tandi @ Buti, S/o Aasharu Tandi, Aged About 21 Years, R/o Samta Colony, Arjune Nagar, Near Saiyad Miradatar, Police StationAajad Chowk, District- Raipur, Chhattisgarh. ---- Applicant
Versus
• State of Chhattisgarh, Through: Station House Officer, Police StationGudiyari, District -Raipur, Chhattisgarh. ---- Respondent For Applicant : Mr. C. R. Sahu, Adv.
For Respondent/State : Mr. Wasim Miyan, P.L.
Hon'ble Smt. Justice Rajani Dubey Order on Board 17.03.2020
1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 473/2019 registered at Police Station- Gudiyari, District -Raipur, (C.G.) for the offence punishable under Sections 363,366 & 376 of I.P.C.
2. The prosecution story, in brief is that, it has been alleged that on the pretext of marriage, the present applicant made sexual intercourse with the prosecutrix. Thereafter, offence has been registered against the present applicant. Present applicant has been taken into custody since 19.12.2019.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the age of the prosecutrix is above 16 years and the applicant is in jail since 19.12.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.
4. On the other hand, counsel for the State 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, and further considering the facts that the age of the prosecutrix is above 16 years and the applicant is in jail since 19.12.2019 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 local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.
Sd/- (Rajani Dubey) Judge Ruchi