Rahul Shriwas v. State Of Chahttisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1211 of 2019 Rahul Shriwas S/o Ramkhilavan Shriwas Aged About 18 Years R/o Tilda (Dongra), Chowki Lawan, P. S. Kasdol, District Baloda BazarBhatapara Chhattisgarh ---- Applicant

Versus

State Of Chahttisgarh Through The Station House Officer, Police Station Kasdol, District Baloda Bazar-Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh . ---- Respondent For the Applicant :

Shri Hemant Gupta, Advocate For the State :

Shri Vinod Tekam, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /03/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.02/19 registered at Police Chowki - Lawan, P.S. Kasdol, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 363, 366, 376 of IPC and Section 4 & 8 of POCSO Act.

3. Case of the prosecution, in brief is that on 28/08/2018 prosecutrix was more than 17 years of age. She is resident of village Tilda (Dongra). There was the love affair between her and applicant. On 28/08/2018 applicant took her on pretext of marriage and committed repeatedly sexual intercourse with her.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. 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 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 Court with the condition that he shall 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.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde