Vishnu Banjare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3039 of 2019 • Vishnu Banjare S/o Sudarshan Banjare Aged About 23 Years R/o Village Baasin, Ward No. 03.Police Station Suhela, District Balodabazar Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Bemetara, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ---- Non-applicant For Applicant : Mr. Anchal Kumar Matre, Advocate.

For Non-applicant : Mr. SRJ Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 15.05.2019 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. 556/2018 registered at Police Station - Bemetara District - Bemetara (C.G.) for the offence punishable under Sections 363, 366, 376 of the Indian Penal Code and Sections 4, 6 of the Protection of Children from Sexual Offences Act, 2012.

3. Case of the prosecution, in brief is that on 05.10.2018 the prosecutrix was more than 16 years of age. She is resident of village Kathiya. Applicant had put vermilion on her forehead. They were talking with each other by mobile. In the month of April, 2018 and on 21.09.2018 on saying of the applicant she went to Raipur Railway station, he took her in his house and committed sexual intercourse with her saying that she is his wife. On 05.10.2018 they went to Pune where he committed repeatedly sexual intercourse with her.

4. Learned counsel for the applicant submits that the 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, he submits that there is no antecedent against the applicant.

6. Looking to these 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 the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore