Suresh Sethiya v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1597 of 2019 • Suresh Sethiya S/o Mukund Sethiya Aged About 23 Years Caste Sundi, R/o Manganpur, P. S. Nagarnaar, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ----Applicant

Versus

• State Of Chhattisgarh Through P. S. Bodhghat, Jagdalpur, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Non-applicant For Applicant : Mr. Vikash Shrivastava, Advocate.

For Non-applicant : Mr. Washim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 19.03.2019 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 learned counsel for the State in connection with crime No. 09/2019 registered at Police Station - Bodhghat, Jagdalpur, District Bastar (C.G.) for the offence punishable under Section 376 of the Indian Penal Code. 3.

Case of the prosecution, in brief is that on 26.09.2010 prosecutrix was about 20 years old. She is resident of village Hatkachora. On 29.06.2010 onwards applicant committed repeated sexual intercourse with her on pretext of marriage.

4. Learned counsel for the applicant submits that the 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, he submits that there is no antecedent against the applicant.

6. Looking to these 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 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.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore