Kamlesh Kumar Kurrey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2518 of 2019 • Kamlesh Kumar Kurrey S/o Ravindra Kumar Kurrey, Aged About 21 Years R/o Jotpur, Chowki Chilfi, Police Station Lormi, District Mungeli CG ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Lormi, District Mungeli CG ---- Respondent For applicant Mr. Suresh Verma, Adv.

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

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 13-51. Bhuklu Baghel, Informant who is father of the prosecutrix is present in person. After putting some questions, this Court is satisfied that he himself is informant.

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. 32/2019 registered in police station Lormi, Distt. Mangeli (CG) for offence punishable under Section 363, 366-A, 376, IPC, and Section 4 of POCSO Act.

4. Prosecution story in brief is that on the date of incident the prosecutrix was below 16 years of age. She is a resident of village Chachedi. There was friendship between her and the applicant. On 22-1-2019 the applicant took her and committed repeatedly sexual intercourse with 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. Informant submits that he has no objection if the applicant is released on bail.

8. As per true copy of the statement of the prosecutrix recorded under Section 164, Cr.P.C. nothing had happened with her. She had stated nothing against the applicant.

9. 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.

10.CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak