Tosen Kumar Dhirhe v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3745 of 2018 • Tosen Kumar Dhirhe S/o Fagu Lal Dhirhe Aged About 30 Years R/o- Village- Bodsara, P.S. Jaijaipur, District- Janjgir-Champa, CG ---- Applicant
Versus
• State Of Chhattisgarh Through- Station House Officer, P.S.- Ambikapur, District- Sarguja, CG ---- Respondent For applicant Mr. V.C. Ottalwar, Adv.
For Respondent/State Ms. K. Tripti Rao, PL.
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 27-61. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.
2. The applicant has been arrested in connection with Crime No. 63/2018 registered in police station Ambikapur, Distt. Sarguja (CG) for offence punishable under Section 376 of the IPC.
3. Prosecution story in brief is that the prosecutrix is aged about 22 years and resident of Pratappur. Since back 2016, the applicant committed sexual intercourse with the prosecutrix on the pretext of marriage. Thereafter he refused to marry her.
4. Perused the case diary.
5. In the copy of the case Vivran dated 18-6-2017 filed by the applicant, it has been mentioned by the prosecution that the applicant is her husband and he will marry with the prosecutrix in accordance with cutsomary rites and rituals
6. Looking to the above facts and circumstances of the case, looking to the facts that there is no likelihood of the accused to abscond and tamper the evidence, trial will take its own time,
applicant is in custody since 10-4-2018, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicant. Consequently, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 20,000/- along with one personal bond of the like amount to the satisfaction of the Court concerned with the condition that he will appear before the concerned trial Court at 11 AM as and when directed till trial, he be released on bail.
7. CC as per rules.
Sd/- (Sharad Kumar Gupta) Judge Pathak