Sahdev Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3165 of 2019 Sahdev Netam, S/o Ghadwaram Netam, aged about 20 years, Residing at Village Karmari Chowki Baskot District Kondagaon (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Kondagaon, District Kondagaon (CG).

---- Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate.

For Non-applicant : Mr. Vinod Tekam, 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 counsel for the State in connection with Crime No.261/2018 registered at Police Station Kondagaon, District Kondagaon for the offence punishable under Sections 363, 366, 376 of IPC and Section 6 of Protection of Children from Sexual Offences Act.

3.

Case of the prosecution, in brief is that on 12.10.2018, the prosecutrix was more than 17 years of age. She is a resident of village Gumadi, Nayapara. On 12.10.2018, the applicant took her by enticing on the pretext of marriage and committed repeatedly sexual intercourse with her.

4.

Counsel for the applicant submits that the applicant has not committed any offence. He is an innocent and has been falsely implicated in the present case and as such he may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application. However, he submits that there is no criminal antecedent is reported against the applicant in police case diary. 6.

Looking to the above facts and circumstances of the case, the bail 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.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-