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High Court Of ChhattisgarhMCRC/1205/2019allowed

Jeet @ Ajeet Verma v. State Of Chhattisgarh

2019-03-06Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1205 of 2019 • Jeet @ Ajeet Verma S/o Late Lekhram @ Munna Verma Aged About 26 Years R/o Beldar- Seoni, Police Station- Kharora, Tahsil And District- Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police StationKharora, District- Raipur, Chhattisgarh ---- Respondent For applicant Mr. Ashish Gupta, Adv.

For non-applicant/State Mr. Vinod Tekam, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 6-31. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 195/2018 registered in police station Kharora, Distt. Raipur (CG) for offence punishable under Section 363, 366, 376 and 306 of the IPC and Section 4 and 6 of the POCSO Act.

3. Prosecution story in brief is that on 1-12-2017, the deceased was more than 17 years of age. The applicant took the prosecutrix by enticing her and committed repeated sexual intercourse with her. On 16-5-2018, the deceased pored kerosene on her body and set herself on fire. Consequently, she died on 22-5-2018 at Kalda Hospital, Raipur. The applicant was harassing her.

4. As per photocopy of the dying declaration of the deceased, she and the applicant had performed marriage in temple. He had not harassed her, no quarrel happened between them.

5. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated hence he be released on bail.

6. On the other hand, the State Counsel opposed the bail application. He further submitted that no criminal antecedent has been reported against applicant in the police case diary.

7. Looking to the above facts and circumstances of the case, as the trial will take its own time, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of the like to the satisfaction of the trial Court concerned, he be released on bail.

8. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak