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High Court Of ChhattisgarhMCRC/1798/2019allowed

Akash Karikant v. State Of Chhattisgarh

2019-04-16Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.1798 of 2019 Akash Karikant, S/o late Shatrughan Karikant, aged about 25 years, R/o Ward No.13, P.S. Lormi, District Mungeli (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Lormi, District Mungeli (CG). ---- Non-applicant For Applicant : Mr. Deepak Jain, Advocate.

For Non-applicant/State : Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16.04.2019 1.

Informant Vijay Sarthi is absent today, though notice has been served upon him.

2.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other Court.

3.

The applicant has been arrested in connection with Crime No.01/2015 registered in Police Station Lormi, District Mungeli for the offence punishable under Sections 363, 366, 376 of Indian Penal Code and Sections 4 & 6 of Protection of Children from Sexual Offences Act. 4.

The applicant is facing trial for the offence punishable under Sections 363, 366, 376 of IPC and Sections 4 & 6 of POCSO. The applicant was released on bail by Additional Sessions Judge/FTC, Bilaspur on 12.02.2015. On 18.11.2016 arrest warrant has been issued against him on account of his non-appearance on 14.09.2016. On 12.02.2019 he was arrested on the execution of arrest warrant and now he is in jail. 5.

Counsel for the applicant submitted that if the applicant grants bail, in future he shall regularly appear before the trial Court. 6.

Counsel for the State opposed for grant of bail to the applicant. 7.

Looking to the above mentioned facts and circumstances of the case, the bail application is allowed. It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- along with a personal bond in the sum of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that he shall regularly appear before the Trial Court at 11:00 am as and when directed till trial and he would co-operate during the trial, he shall be released on bail and he shall not leave the territory of Chhattisgarh without obtaining permission of trial Court.

8.

Certified copy as per rules.

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