Rupesh Halba v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3071 of 2019 • Rupesh Halba Rekharam, Aged About 23 Years Caste- Halba, Resident Of Bital, Police Station- Rajhara, District- Balod, Chhattisgarh., District : Balod, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police StationBalod, District- Balod, Chhattisgarh., District : Balod, Chhattisgarh ----Non-applicant For the Applicant :

Shri B.P. Singh, Advocate For the State :

Shri Washim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 15.05.2019 1.

This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court. 2.

Perused the case diary provided by the learned counsel for the State in connection with the Crime No.158/2019 registered at Police Station Balod, District Balod (C.G.) for the offence punishable under Section 354, 506, 452, 509 of IPC, and Section 7/8 of POCSO Act.

3.

Case of the prosecution, in brief is that the prosecutrix is about 17 years old. She is resident of village Arodh. On 14.01.2019 at about 1 pm at village Arodh applicant entered in the house of the prosecutrix and used criminal force to outrage her modesty, gave threats to kill her, slapped her. 4.

Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail. 5.

On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant. 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 the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge kishore