Deepak Jal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1507 of 2019 Deepak Jal S/o Shri Ramesh Jal Aged About 27 Years R/o Raipur Naka Durg Tehsil And District Durg Chhattisgarh, District : Durg, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh.

---- Respondent For the Applicant :

Shri A.C. Sahu, 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.13/2019 registered at Police Station Outpost Padmanabhpur, District Durg (C.G.) for the offence punishable under Section 376, 506 of IPC.

3. Case of the prosecution, in brief is that prosecutrix is about 25 years old. She is resident of Raipur Naka, Durg. On 21/10/2018 onwards applicant committed repeatedly sexual intercourse with her on pretext of marriage. Thereafter he refused to marry with her. He also gave her threats to kill if she would lodged report in Police Station.

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