Shersingh Dhruv @ Golu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1286 of 2019 • Shersingh Dhruv @ Golu S/o Pratap Singh Aged About 19 Years R/o VillageGodhra, Police Station- Kasdol, District- Balodabazar- Bhatapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station- Kasdol, District- Balodabazar- Bhatapara, Chhattisgarh ---- Non Applicant For the Applicants :

Shri Hemant Gupta, Advocate For the State :

Shri Vinod Tekam, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /02/2019 1.

I.A. No.1 is application for grant of interim bail on the ground that examination of applicant is to be started from 6th March.

2.

Counsel for the applicant not pressed the application for grant of interim bail thus, I.A. 1 is rejected without considering the merit of the case. 3.

Because the examination of applicant is to be started on 6th March, thus heard on regular bail petition.

4.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.679/2018 registered at Police Station- P.S. Kasdol, Revenue and Civil Baloda- Bazar- Bhatapara (C.G.) for the offence punishable under Section 376 of Indian Penal Code & Section 4 of POCSO Act. 5.

Case of the prosecution, in brief is that on 31.07.2018 prosecutrix was more than 17 years of age. She is resident of village Godhra. On 31.07.2018 applicant committed sexual intercourse with her on pretext of the marriage and thereafter again committed forcible sexual intercourse with her on pretext of the marriage. She had gone in the house of the complainant to reside but his family members ousted her.

6.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no antecedent against the applicant. 7.

Looking to the 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 applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- 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/- Sd/- (Sharad Kumar Gupta) Judge Parul