Akash Bansal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2082 of 2019 Akash Bansal, Aged about 18 years 09 months (14.03.2000), S/o Shri Anil Bansal, R/o Vasundhara Nagar, Bhilai 03, P.S. Bhilai 03, District Durg (CG).

---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Khursipar, District Durg (CG). ---- Non-applicant For Applicant : Mr. Achyut Tiwari, Advocate.

For Non-applicant : Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 09.04.2019 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 Thana Khursipar, District Durg for the offence punishable under Sections 363, 366-A, 376, 201 of IPC and Sections 4 & 6 of POCSO. 3.

Case of the prosecution, in brief is that on 09.01.2019, the prosecutrix was aged about 17 years old. She is resident of village Khursipar. There was love affair between her and the applicant. On 09.01.2019, she had left her paternal house and joined accompany of applicant. They reached in Bilaspur and stayed in a hotel and he committed sexual intercourse with her on the pretext of marriage. 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 is reported against the applicant 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/-