Kamlesh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3185 of 2019 • Kamlesh Sahu S/o Narsingh Sahu Aged About 23 Years R/o Gauri Nagar, Ambedkar Awas, Rajnandgaon, District Rajnandgaon Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, District Rajnandgaon Chhattisgarh ----Non Applicant For the Applicant :

Shri Aditya Bhardwaj, Advocate For Non Applicant :

Shri Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 26.06.2019

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. 136/2019 registered at Police StationKotwali, District- Rajnandgaon (C.G.) for the offence punishable under Sections 363, 366 & 376 of Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

3. Case of the prosecution, in brief is that on 14.03.2019 prosecutrix was more than 17 years of age. She is resident of Rajnandgaon. On 14.03.2019, applicant took her by enticing on pretext of the marriage. On the way at Tata Nagar, he put vermilion on her forehead. He committed

sexual intercourse with her. They went Calcutta. 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 may 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 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 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 be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Parul