Akash Sonwani @ Monu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1856 of 2019 • Akash Sonwani @ Monu S/o Mohan Lal Aged About 20 Years Gokulganj Ward No. 8, Sitamani Korba, Police Station Kotwali, District Korba CG ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, District Korba CG ---- Respondent For applicant Mr. Dharmesh Shrivastava, Adv.

For non-applicant/State Mr. Wasim Miyan, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 3-41. 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.

2. Perused the case diary.

3. The applicant has been arrested in connection with Crime No. 765/2018 registered in police station Kotwali, Korba, Distt. Korba (CG) for offence punishable under Section 363, 366-A, 376 and 344 of the IPC.

4. Prosecution story in brief is that on 4-10-2018, prosecutrix was more than 18 years of age. On 4-10-2018 she left her paternal house without intimating her family members and went to the house of the applicant. The applicant committed sexual intercourse with her. Earlier the applicant had promised that he will marry her.

5. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated hence he be released on bail.

6. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against applicant in the police case diary.

7. Looking to the above facts and circumstances of the case, 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.

8. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak