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High Court Of ChhattisgarhMCRC/2924/2019disposed case transfered to mp high court

Digeshwar v. State Of Chhattisgarh

2019-05-14Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2924 of 2019 • Digeshwar S/o Kulpat Patel Aged About 21 Years R/o Village - Girsa, Police Station - Sarsiva, District Balodabazar-Bhatapara Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House In-Charge, Police Station - Sarsiva, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh ----Non Applicant For the Applicant :

Ms. Supriya Upasane, Advocate For Non Applicant :

Shri Washim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 14.

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 learned counsel for the State in connection with Crime No.84/2019 registered at Police Station- Sarsiva, Balodabazar, DistrictBalodabazar-Bhatapara (C.G.) for the offence punishable under Section 376 of IPC and 4 of the POCSO Act.

3.

Case of the prosecution, in brief is that on 04.10.2018 prosecutrix was more than 16 years of age. She is resident of village Jamnar. On 04.10.2018 applicant performed marriage with her in a temple at village Girsa. Thereafter, he committed repeatedly sexual intercourse with her.

4.

Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no criminal antecedent against the applicant in police case diary.

6.

Looking to the above mentioned facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned trial Court, he shall be released on bail. 7.

Certified copy as per rules.

Sd/- Sd/- (Sharad Kumar Gupta) Judge Parul