Beer Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1572 of 2019 Beer Singh, son of Shri Gopi Lal, aged about 34 years, R/o Village Ghinara, Tahsil Kartala, District Korba (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Kartala, District Korba (CG). ---- Non-applicant For Applicant : Mr. Vikash Pandey, Advocate.

For Non-applicant : Mr. Apurv Goyal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 15.03.2019 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 counsel for the State in connection with crime No.13/2019 registered at Police Station Kartala, District Korba for the offence punishable under Section 376(2)(n) of Indian Penal Code.

3.

Case of the prosecution, in brief is that the prosecutrix was aged about 30 years old. From 01.01.2012 onwards the applicant committed repeatedly sexual intercourse with her on the pretext of marriage and, thereafter, he refused to marry with her.

4.

Counsel for the applicant submits that the applicant has not committed any offence. He is innocent and has been falsely implicated in the present case, therefore, he may be released on bail. 5.

On the other hand, counsel for the State opposes the bail application, however, he submits that no criminal antecedent of the applicant is reported in police case diary.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned, he be released on bail.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-