Shivram Dhurve v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2639 of 2019 Shivram Dhurve, S/o Ratiram Dhurve, aged about 22 years, R/o Village Chhuhi, Police Station Taregaon Jangal, District Kabirdham (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Taregaon Jangal, District Kabirdham (CG). ---- Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate.

For Non-applicant : Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 01.05.2019 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.05/2019 registered at Police Station Taregaon Jangal, District Kabirdham for the offence punishable under Sections 363, 366, 376 of Indian Penal Code and Sections 3 & 4 of Protection of Children from Sexual Offences Act.

3.

Case of the prosecution, in brief is that on 01.02.2019 the prosecutrix was more than 16 years of age. She is resident of village Taregaon. On 01.02.2019 the applicant took her by enticing on the pretext of marriage and committed repeatedly sexual intercourse with her.

4.

Counsel for the applicant submitted 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 opposed the bail application. However, he submitted that no criminal antecedent is reported against the applicant in police case diary. 6.

As per enclosed true copy of statement of prosecutrix recorded under Section 164 of CrPC, she had left her parental house because her parents scold her. The applicant had not committed any wrong act with her.

7.

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.

8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE