Sonraj Ratre @ Sonu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1248 of 2019 • Sonraj Ratre @ Sonu S/o Kanhaiya Lal Aged About 24 Years R/o Lalpur, Hardi, Police Station Nawagarh, District - Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Bhilai Nagar, District - Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Non-applicant For Applicant : Mr. T.K. Jha, Advocate.

For Non-applicant : Mr. Vikram Dixit, Government Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 07.03.2019 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. 224/2018 registered at Police Station Bhilai Nagar, District - Durg (C.G.) for the offence punishable under Sections 363, 366, 376 of the Indian Penal Code and Sections 3, 4 of the Protection of Children from Sexual Offences Act.

3. Case of the prosecution, in brief is that on 04.05.2018 prosecutrix was more than 16 years of age. On 04.05.2018 applicant took her by enticing on pretext of marriage and committed forcible sexual intercourse 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.

As per the statement of prosecutrix recorded under Section 164 Cr.P.C. her sister was pregnant, thus to look after her she had gone along with applicant to his house. Applicant who is her brother in law took her with no wrong intention.

7. 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.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore