Lallu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1484 of 2019 • Lallu S/o Rajlal Aged About 30 Years R/o Trikunda, Police Station- Trikunda, District- Balrampur- Ramanujganj Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police StationTrikunda, District- Balrampur- Ramanujganj Chhattisgarh ......Non Applicant For the Applicant :

Ms. Shivali Dubey, Advocate For Non Applicant :

Shri SRJ Jaiswal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 02.04.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants 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. 09/2018 registered at Police Station- Trikunda, District- Balrampur (C.G.) for the offence punishable under Sections 450, 376 (<) of Indian Penal Code and Section 5-B, 6 of Protection of Children from Sexual Offences Act, 2012. 3.

Case of the prosecution, in brief is that on 6 months prior to 31.03.2018 prosecutrix was more than 17 years of age. She is resident of village Trikunda. 6 months prior to 31.03.2018 onwards, at about 11 pm applicant entered in the dhaba of prosecutrix and committed forcible sexual intercourse with her on pretext of the marriage. At the time of Dussehra festival in the year 2017 her father caught hold her and applicant in compromising position.

4.

Learned counsel for the applicant submits that 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, submits that there is no criminal antecedent against the applicant in police case diary.

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 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, he shall be released on bail.

7.

Certified copy as per rules.

Sd/-Sd/- (Sharad Kumar Gupta) Judge Parul